[Federal Register Volume 84, Number 216 (Thursday, November 7, 2019)]
[Proposed Rules]
[Pages 60007-60010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24245]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0862; Product Identifier 2019-NM-121-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: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain The Boeing Company Model 767-200, -300, -300F, and -400ER 
series airplanes. This proposed AD was prompted by a determination that 
new or more restrictive airworthiness limitations are necessary. This 
proposed AD would require revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations. The FAA is proposing this AD to 
address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by December 
23, 2019.

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 https://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 NPRM, contact Boeing 
Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 
2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; 
telephone 562-797-1717; internet https://www.myboeingfleet.com. You may 
view this service information at the FAA, Transport Standards Branch, 
2200 South 216th St., Des Moines, WA. For information on the 
availability of this material at the FAA, call 206-231-3195.

Examining the AD Docket

    You may examine the AD docket on the internet at https://

[[Page 60008]]

www.regulations.gov by searching for and locating Docket No. FAA-2019-
0862; or in person at Docket Operations 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 Docket Operations is listed above. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Wayne Lockett, Aerospace Engineer, 
Airframe Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des 
Moines, WA 98198; phone and fax: 206-231-3524; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites 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-2019-0862; 
Product Identifier 2019-NM-121-AD'' at the beginning of your comments. 
The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this NPRM. The FAA will 
consider all comments received by the closing date and may amend this 
NPRM because of those comments.
    The FAA will post all comments, without change, to https://www.regulations.gov, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact the agency receives about this NPRM.

Discussion

    The FAA issued AD 2014-14-04, Amendment 39-17899 (79 FR 44672, 
August 1, 2014) (``AD 2014-14-04''), for certain The Boeing Company 
Model 767-200, -300, -300F, and -400ER series airplanes. AD 2014-14-04 
requires revising the maintenance program to incorporate airworthiness 
limitations. AD 2014-14-04 resulted from a re-evaluation of certain 
doors and flaps based on their fatigue-critical nature. The FAA issued 
AD 2014-14-04 to address fatigue cracking of the principal structural 
elements, which could adversely affect the structural integrity of the 
airplane.
    AD 2014-14-04 referred to Subsection B, Airworthiness Limitations--
Structural Inspections, of Section 9, Airworthiness Limitations (AWLs) 
and Certification Maintenance Requirements (CMRs), D622T001-9, Revision 
July 2011, and Revision February 2014, of the Boeing 767 Maintenance 
Planning Data Document as the appropriate sources of service 
information for revising the maintenance program to incorporate 
airworthiness limitations.
    Since the FAA issued AD 2014-14-04, the FAA has received a report 
indicating that certain inspections were confusing or difficult to 
accomplish. During a subsequent review of the airworthiness limitations 
required by AD 2014-14-04, the airworthiness limitations for multiple 
structurally significant items (SSIs) were found that contain 
significant errors or omissions, resulting in inadequate damage 
tolerance rating (DTR) values. The FAA determined the existing 
maintenance program does not provide adequate probability of detection 
for foreseeable fatigue cracking of SSIs because there have been 
multiple improvements to Boeing's damage tolerance methodology since 
the last significant update of the Boeing Model 767 AWL and DTR 
documents.
    Inadequate AWL and DTR values in the maintenance or inspection 
program that reduce the probability of detection for foreseeable 
fatigue cracking of SSIs, if not addressed, could result in the loss of 
limit load capability of an SSI as well as loss of continued safe 
flight and landing of the airplane.

Relationship Between Proposed AD and AD 2014-14-04

    This NPRM does not propose to supersede AD 2014-14-04. Rather, we 
have determined that a stand-alone AD is more appropriate to address 
the changes in the existing maintenance or inspection program. This 
proposed AD would require revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations. Accomplishment of the proposed 
actions would then terminate all requirements of AD 2014-14-04.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing 767-200/300/300F/400ER Airworthiness 
Limitations (AWLs), D622T001-9-01, dated June 2019. This service 
information describes airworthiness limitations for structural 
inspections and structural safe life limits among other limitations.
    The FAA also reviewed Boeing 767-200/300/300F/400ER Damage 
Tolerance Rating (DTR) Check Form Document, D622T001-DTR, dated June 
2019. This service information includes the DTR check forms and the 
procedure for their use.
    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

    The FAA is proposing this AD because the FAA 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 revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations. This proposed AD also would 
require sending the inspection results to Boeing Commercial Airplanes.
    This proposed AD would require revisions to certain operator 
maintenance documents to include new actions (e.g., inspections). 
Compliance with these actions is required by 14 CFR 91.403(c). For 
airplanes that have been previously modified, altered, or repaired in 
the areas addressed by this proposed AD, the operator may not be able 
to accomplish the actions described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must request 
approval for an alternative method of compliance according to paragraph 
(l) of this proposed AD.

Differences Between This Proposed AD and the Service Information

    Instructions for wing tank sealant removal prior to certain 
inspections and instructions to ensure sealant location limits are met 
were added in the July 2018 revision of Boeing 767-200/300/300F/400ER 
Airworthiness Limitations (AWLs), D622T001-9-01. These actions are to 
be verified at the time of the threshold specified in the document, 
however many airplanes will not have wing tank entry inspections for up 
to 6 years after the release of Boeing 767-200/300/300F/400ER 
Airworthiness Limitations (AWLs), D622T001-9-01, dated June 2019. The 
FAA has determined that a grace period should be provided for those 
instructions to do certain actions; the grace period for these actions 
to be accomplished is at the next wing tank entry, but not to exceed 6 
years from the effective date of the AD. The FAA has included this 
grace period in paragraph (h)(1) of this proposed AD.

[[Page 60009]]

    Repairs made to any horizontal stabilizer pivot fitting lug (SSI 
55-10-I13A), where the lug bore has been oversized, will require 
further evaluation to determine the applicable inspection interval to 
be incorporated, as specified in paragraph (h)(2) of this proposed AD.
    Both Boeing 767-200/300/300F/400ER Airworthiness Limitations 
(AWLs), D622T001-9-01, dated June 2019; and Boeing 767-200/300/300F/
400ER Damage Tolerance Rating (DTR) Check Form Document, D622T001-DTR, 
dated June 2019; state to report to Boeing within 10 days of the 
finding. For this proposed AD, the FAA will allow 10 days from airplane 
return to service as specified in paragraph (h)(3) of this proposed AD 
to submit the report.
    These differences have been coordinated with Boeing.

Costs of Compliance

    The FAA estimates that this proposed AD affects 615 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:
    The FAA has determined that revising the existing maintenance or 
inspection program takes an average of 90 work-hours per operator, 
although the FAA recognizes that this number may vary from operator to 
operator. In the past, the FAA has estimated that this action takes 1 
work-hour per airplane. Since operators incorporate maintenance or 
inspection program changes for their affected fleet(s), the FAA has 
determined that a per-operator estimate is more accurate than a per-
airplane estimate. Therefore, the FAA estimates the total cost per 
operator to be $7,650 (90 work-hours x $85 per work-hour).

                                     Estimated Costs of On-Condition Actions
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                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
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Reporting.............................  1 work-hour x $85 per                 $0             $85         $52,275
                                         hour = $85.
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Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a current valid OMB control number. The control 
number for the collection of information required by this proposed AD 
is 2120-0056. The paperwork cost associated with this proposed AD has 
been detailed in the Costs of Compliance section of this document and 
includes time for reviewing instructions, as well as completing and 
reviewing the collection of information. Therefore, all reporting 
associated with this proposed AD is mandatory. Comments concerning the 
accuracy of this burden and suggestions for reducing the burden should 
be directed to Information Collection Clearance Officer, Federal 
Aviation Administration, 10101 Hillwood Parkway, Forth Worth, TX 76177-
1524.

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.
    The FAA is 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 and associated appliances to the 
Director of the System Oversight Division.

Regulatory Findings

    The FAA 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) Will not affect intrastate aviation in Alaska, and
    (3) 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-2019-0862; Product Identifier 
2019-NM-121-AD.

(a) Comments Due Date

    The FAA must receive comments by December 23, 2019.

(b) Affected ADs

    This AD affects AD 2014-14-04, Amendment 39-17899 (79 FR 44672, 
August 1, 2014) (``AD 2014-14-04'').

(c) Applicability

    This AD applies to The Boeing Company Model 767-200, -300, -
300F, and -400ER series airplanes, certificated in any category, 
line number 1 through 1183 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
Controls; 52, Doors;

[[Page 60010]]

53, Fuselage; 54, Nacelles/pylons; 55, Stabilizers; 57, Wings.

(e) Unsafe Condition

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations (AWLs) are necessary. The FAA 
is issuing this AD to address inadequate AWL and damage tolerance 
rating (DTR) values in the maintenance or inspection program that 
reduce the probability of detection for foreseeable fatigue cracking 
of structurally significant items (SSIs). This condition, if not 
addressed, could result in the loss of limit load capability of an 
SSI as well as loss of continued safe flight and landing of the 
airplane.

(f) Compliance

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

(g) Maintenance or Inspection Program Revision

    Within 24 months after the effective date of this AD, revise the 
existing maintenance or inspection program, as applicable, to 
incorporate the information specified in Boeing 767-200/300/300F/
400ER Airworthiness Limitations (AWLs), D622T001-9-01, dated June 
2019; and Boeing 767-200/300/300F/400ER Damage Tolerance Rating 
(DTR) Check Form Document, D622T001-DTR, dated June 2019. Except as 
specified in paragraph (h) of this AD, the initial compliance time 
for doing the tasks is at the time specified in Boeing 767-200/300/
300F/400ER Airworthiness Limitations (AWLs), D622T001-9-01, dated 
June 2019; and Boeing 767-200/300/300F/400ER Damage Tolerance Rating 
(DTR) Check Form Document, D622T001-DTR, dated June 2019; or within 
24 months after the effective date of this AD; whichever occurs 
later.

(h) Exceptions

    (1) Where Boeing 767-200/300/300F/400ER Airworthiness 
Limitations (AWLs), D622T001-9-01, dated June 2019, specifies 
compliance times (``thresholds'') for wing tank sealant removal and 
ensuring sealant location limits are met, these actions must be 
accomplished within the compliance times specified in Boeing 767-
200/300/300F/400ER Airworthiness Limitations (AWLs), D622T001-9-01, 
dated June 2019; or at the next wing tank entry, but no later than 6 
years after the effective date of this AD; whichever occurs later.
    (2) For any horizontal stabilizer pivot fitting lug (SSI 55-10-
I13A), on which a lug bore oversize repair has been accomplished, 
obtain revised inspection intervals in accordance with the 
procedures specified in paragraph (l) of this AD.
    (3) Where Boeing 767-200/300/300F/400ER Airworthiness 
Limitations (AWLs), D622T001-9-01, dated June 2019; and Boeing 767-
200/300/300F/400ER Damage Tolerance Rating (DTR) Check Form 
Document, D622T001-DTR, dated June 2019; specify to submit reports 
within 10 days, those reports may be submitted within 10 days after 
the airplane is returned to service.

(i) No Alternative Actions or Intervals

    After the existing maintenance or inspection program has been 
revised as required by paragraph (g) of this AD, no alternative 
actions (e.g., inspections) or intervals may be used unless the 
actions or intervals are approved as an alternative method of 
compliance (AMOC) in accordance with the procedures specified in 
paragraph (l) of this AD.

(j) Terminating Action for AD 2014-14-04

    Accomplishing the actions required by this AD terminates all 
requirements of AD 2014-14-04.

(k) Paperwork Reduction Act Burden Statement

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to a penalty 
for failure to comply with a collection of information subject to 
the requirements of the Paperwork Reduction Act unless that 
collection of information displays a current valid OMB Control 
Number. The OMB Control Number for this information collection is 
2120-0056. Public reporting for this collection of information is 
estimated to be approximately 1 hour per response, including the 
time for reviewing instructions, completing and reviewing the 
collection of information. All responses to this collection of 
information are mandatory as required by this AD; the nature and 
extent of confidentiality to be provided, if any. Send comments 
regarding this burden estimate or any other aspect of this 
collection of information, including suggestions for reducing this 
burden to Information Collection Clearance Officer, Federal Aviation 
Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524.

(l) 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 (m)(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 Company Organization Designation 
Authorization (ODA) that has been authorized by the Manager, Seattle 
ACO Branch, FAA, 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) AMOCs for repairs and alterations approved previously for AD 
2003-18-10, Amendment 39-13301 (68 FR 53503, September 11, 2003) 
(``AD 2003-18-10''), and AD 2014-14-04 are approved as AMOCs for the 
corresponding actions specified in this AD. All other AMOCs for AD 
2003-18-10 and AD 2014-14-04 are not approved as AMOCs for this AD.
    (5) Repairs done before the effective date of this AD that meet 
the conditions specified in paragraphs (l)(5)(i), (ii), and (iii) of 
this AD are acceptable methods of compliance for the repaired area 
where the inspections of the baseline structure cannot be 
accomplished.
    (i) The repair was approved under both 14 CFR 25.571 and 14 CFR 
26.43(d) by The Boeing Company ODA that has been authorized by the 
Manager, Seattle ACO Branch, FAA, to make those findings.
    (ii) The repair approval provides an inspection program 
(inspection threshold, method, and repetitive interval).
    (iii) Operators revised their maintenance or inspection program, 
as applicable, to include the inspection program (inspection 
threshold, method, and repetitive interval) for the repair.

(m) Related Information

    (1) For more information about this AD, contact Wayne Lockett, 
Aerospace Engineer, Airframe Section, FAA, Seattle ACO Branch, 2200 
South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3524; 
email: [email protected].
    (2) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Contractual & Data Services 
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone 562-797-1717; internet https://www.myboeingfleet.com. You may view this service information at the 
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, 
WA. For information on the availability of this material at the FAA, 
call 206-231-3195.

    Issued in Des Moines, Washington, on October 29, 2019.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-24245 Filed 11-6-19; 8:45 am]
 BILLING CODE 4910-13-P