[Federal Register Volume 89, Number 65 (Wednesday, April 3, 2024)]
[Rules and Regulations]
[Pages 22928-22932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06993]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1986; Project Identifier AD-2022-00015-T; 
Amendment 39-22693; AD 2024-05-03]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain The Boeing Company Model 767 airplanes. This AD was prompted by 
a report of cracks on the forward entry door and forward service door 
cutout aft lower corner fuselage skin and bear strap. This AD requires 
repetitive inspections for cracking at the affected area, and 
applicable on-condition actions. The FAA is issuing this AD to address 
the unsafe condition on these products.

DATES: This AD is effective May 8, 2024.

[[Page 22929]]

    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 8, 2024.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1986; 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 final rule, any comments received, and other 
information. The address for Docket Operations is U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For service information identified in this final rule, 
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; website myboeingfleet.com.
     You may view service information that is incorporated by 
reference at the FAA, Airworthiness Products Section, Operational 
Safety Branch, 2200 South 216th St., Des Moines, WA. For information on 
the availability of this material at the FAA, call 206-231-3195. It is 
also available at regulations.gov under Docket No. FAA-2022-1986.

FOR FURTHER INFORMATION CONTACT: Joseph Hodgin, Aviation Safety 
Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206-
231-3962; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain The Boeing 
Company Model 767 airplanes. The NPRM published in the Federal Register 
on October 5, 2023 (88 FR 69107). The NPRM was prompted by a report of 
cracks on the forward entry door and forward service door cutout aft 
lower corner fuselage skin and bear strap. In the NPRM, the FAA 
proposed to require repetitive inspections for cracking at the affected 
area, and applicable on-condition actions. The FAA is issuing this AD 
to address undetected fatigue cracks which, if not addressed, could 
result in a principal structural element's loss of limit load 
capability, adversely affecting the airplane's structural integrity.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from three commenters who supported the 
NPRM without change.
    The FAA received additional comments from five commenters, 
including ABX Air, All Nippon Airways, Boeing, United Airlines, and 
UPS. The following presents the comments received on the NPRM and the 
FAA's response to each comment.

Request for Clarification of Exemption From Alternative Methods of 
Compliance (AMOC)

    ABX Air requested clarification as to whether repairs performed 
using approval via Form 8110-3 are exempt from needing an AMOC for this 
AD, similar to repairs made using approval via Form 8100-9 repairs. The 
commenter provided no justification for the request.
    Repairs performed using Form 8110-3 are not exempt from requiring 
an AMOC for this AD. As specified in paragraph (l)(3) of this AD, only 
those repairs, modifications, or alterations required by this AD are 
exempt from an FAA approved-AMOC if those AMOCs are approved by The 
Boeing Company Organization Designation Authorization (ODA) that has 
been authorized by the Manager, AIR-520, Continued Operational Safety 
Branch, FAA, to make those findings. All other repairs, including those 
approved on Form 8110-3, will require an AMOC approved in accordance 
with paragraph (l) of this AD. This is necessary to ensure the repairs 
maintain an adequate level of safety.

Request for Inclusion of B767-300BCF SRM as an Acceptable Method of 
Compliance

    All Nippon Airways requested that the proposed rule be modified to 
include B767-300BCF SRM Repair 1 as an acceptable method of compliance. 
It was not listed as a method of compliance whereas 767-200, -300, -
300F, and -400 SRMs were in Tables 1 and 2(a). The commenter requested 
this change because All Nippon Airways owns 767-300BCF aircraft.
    The FAA agrees with this change because the repairs and repeat 
instructions are the same for B767-300BCF as the B767-300 SRM. The FAA 
has revised paragraph (h) of this AD to include exceptions for repairs 
performed in accordance with B767-300BCF SRM 53-10-01 Repair 1.

Request for Repetitive Inspections To Be Outlined if No Crack Is Found

    Boeing requested that the AD include repetitive inspections for 
Model 767-2C if no crack is found. This change is requested to maintain 
the safety of the fleet since paragraph (i) of this AD should include 
all follow-on actions for the condition of no crack found.
    The FAA agrees with adding the repetitive inspections to account 
for all follow-on actions for no crack found to maintain the safety of 
the fleet. Paragraph (i) of this AD is revised to include the 
repetitive inspections.
    Boeing also requested that paragraph (j) of this AD be changed to 
reference the Airworthiness Limitations (AWL) document associated with 
the Compliance Time Definitions for Model 767-2C airplanes. The 
commenter is concerned with the redefining compliance times already 
defined within the AWL, which could create a conflict with the rule 
that would require a rule revision if the definitions in the AWL were 
to be redefined.
    The FAA disagrees. The FAA's intent is for the compliance time 
terms used in paragraph (j) of this AD to be the same terms already 
defined in the Model 767-2C Airworthiness Limitations document. 
Including the compliance time definitions for Model 767-2C in paragraph 
(j) of this AD ensures that those definitions are followed, 
notwithstanding any future changes to the definitions in the AWL. If 
the compliance time definitions in the AWL are changed in the future, 
the FAA will consider revising this Airworthiness Directive at that 
time. In any event, an operator may request approval to use later 
revised compliance time definitions as an alternative method of 
compliance (under the provisions of paragraph (l) of this AD).

Request for Change To State That a Ref/C/SRM Repair Terminates the Need 
for Repetitive Inspections

    United Airlines requested the AD be amended to state that 
repetitive inspections associated with Boeing Alert Requirements 
Bulletin 767-53A0301 RB, Revision 2, dated May 24, 2023 conditions 3, 
4, 7, and 8 (Ref/B) are not required in areas covered by 53-10-01 
Repair 1 of the applicable Model 767 SRM (Ref/C/SRM) if done after the 
initial inspections required by Ref/B/RB. This change is requested 
because the commenter believes that the installation of a Ref/C/SRM 
repair after the initial Ref/B/RB inspection should provide at least an 
equivalent level of safety with the unsafe condition this AD is 
addressing. The FAA disagrees with

[[Page 22930]]

revising the AD to state that a Ref/C/SRM repair terminates the need 
for repetitive inspections associated with RB conditions 3, 4, 7, and 
8. In the RB Section 5 Accomplishment Instruction Tables 1 and 2, there 
is note (c) which states that accomplishment of 53-10-01 Repair 1 of 
the applicable Model 767 SRM is terminating action for the inspections 
at this location only. The FAA has determined that note (c) 
sufficiently outlines that performing repair 1 is the terminating 
action for the inspections at that location and no further 
clarification is necessary.

Request Change to Paragraphs (g) and (j) of This AD for Clarity

    UPS requested amending paragraph (g) of this AD to state ``For 
Model 767-200, -300, -300F, or -400ER series airplanes, as identified 
in Section (c) Applicability of the AD'' to avoid confusion on where 
applicability is established in the AD.
    UPS also requested revising paragraph (j) of this AD to state 
``Compliance Time Definitions for Model 767-2C'' instead of 
``Compliance Time Definitions'' to avoid confusion.
    The FAA disagrees with changing paragraph (g) of this AD language 
because paragraph (c) of this AD specifies the applicability of the AD 
and therefore the airplane models affected by paragraph (g) of this AD. 
For clarification, airplanes not identified in paragraph (c) of this AD 
are not affected by any paragraph of this AD. The FAA agrees with 
revising paragraph (j) of this AD to state ``Compliance Time 
Definitions for Model 767-2C'' for clarity.

Conclusion

    The FAA reviewed the relevant data, considered any comments 
received, and determined that air safety requires adopting this AD as 
proposed. Accordingly, the FAA is issuing this AD to address the unsafe 
condition on these products. Except for minor editorial changes, and 
any other changes described previously, this AD is adopted as proposed 
in the NPRM. None of the changes will increase the economic burden on 
any operator.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Requirements Bulletin 767-3A0301 RB, 
Revision 2, dated May 24, 2023. This service information specifies 
procedures for repetitive inspections (external detailed, internal 
detailed, and open hole high frequency eddy current) for cracking at 
the forward entry door and forward service door cutout aft lower corner 
fuselage skin and bear strap area. This service information also 
specifies procedures for on-condition actions, including crack 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 ADDRESSES.

Costs of Compliance

    The FAA estimates that this AD affects 682 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspections......................  Up to 8 work-hours               $0  Up to $680 per       Up to $463,760 per
                                    x $85 per hour =                     inspection cycle.    inspection cycle.
                                    Up to $680 per
                                    inspection cycle.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition actions (i.e., possible crack repair) 
specified in this 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.
    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.

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) 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 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:

2024-05-03 The Boeing Company: Amendment 39-22693; Docket No. FAA-
2023-1986; Project Identifier AD-2022-00015-T.

(a) Effective Date

    This airworthiness directive (AD) is effective May 8, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company airplanes, certificated in 
any category, identified in paragraphs (c)(1) and (2) of this AD.

[[Page 22931]]

    (1) Model 767-200, -300, -300F, and -400ER series airplanes, as 
identified in Boeing Alert Requirements Bulletin 767-53A0301 RB, 
Revision 2, dated May 24, 2023.
    (2) Model 767-2C series airplanes, line numbers 1065, 1066, 
1067, 1069, 1091, 1092, 1098, 1100, 1102, 1104, 1107, 1109, 1111, 
1113, 1114, 1116, 1117, 1119, 1120, 1122, 1124, 1126, 1128, 1129, 
1131, 1132, 1134, 1135, 1137, 1139, 1143, 1145, 1147, 1149, 1151, 
1154, 1156, 1158, 1160, 1162, 1164, 1166, 1168, 1170, 1172, 1174, 
1176, 1178, 1181, 1184, 1188, 1192, 1196, 1200, 1202, 1205, 1207, 
1210, 1213, 1216, 1219, 1223, 1226, 1230, 1234, 1236, 1238, 1241, 
1243, 1246, 1248, 1250, 1252, 1254, 1257, 1259, 1261, 1264, 1267, 
1269, 1271, and 1273.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a report of cracks found on the forward 
entry door and forward service door cutout aft lower corner fuselage 
skin and bear strap. The FAA is issuing this AD to address 
undetected fatigue cracks. The unsafe condition, if not addressed, 
could result in a principal structural element losing its limit load 
capability, adversely affecting the airplane's structural integrity.

(f) Compliance

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

(g) Required Actions: Model 767-200, -300, -300F, and -400ER

    For Model 767-200, -300, -300F, -400ER series airplanes: Except 
as specified by paragraph (h) of this AD, at the applicable times 
specified in the ``Compliance'' paragraph of Boeing Alert 
Requirements Bulletin 767-53A0301 RB, Revision 2, dated May 24, 
2023, do all applicable actions identified in, and in accordance 
with, the Accomplishment Instructions of Boeing Alert Requirements 
Bulletin 767-53A0301 RB, Revision 2, dated May 24, 2023.
    Note 1 to paragraph (g): Guidance for accomplishing the actions 
required by this AD can be found in Boeing Alert Service Bulletin 
767-53A0301, Revision 2, dated May 24, 2023, which is referred to in 
Boeing Alert Requirements Bulletin 767-53A0301, Revision 2, dated 
May 24, 2023.

(h) Exceptions to Service Information Specifications

    (1) Where Boeing Alert Requirements Bulletin 767-53A0301 RB, 
dated May 24, 2023, compliance time columns in Tables 1 and 2, 
paragraph E (Compliance), use the phrase ``the Original Issue date 
of Requirements Bulletin 767-53A0301 RB,'' this AD requires using 
the effective date of this AD.
    (2) Where Boeing Alert Requirements Bulletin 767-53A0301 RB, 
Revision 2, dated May 24, 2023, specifies contacting Boeing for 
repair instructions: This AD requires doing the repair before 
further flight using a method approved in accordance with the 
procedures specified in paragraph (l) of this AD.
    (3) Where Boeing Alert Requirements Bulletin 767-53A0301 RB, 
Revision 2, dated May 24, 2023, refers to ``767-200 SRM 53-10-01 
Repair 1, 767-300 SRM 53-10-01 Repair 1, 767-300F SRM 53-10-01 
Repair 1 or 767-400 SRM 53-10-01 Repair 1,'' this AD requires 
replacing that text with ``767-200 SRM 53-10-01 Repair 1, 767-300 
SRM 53-10-01 Repair 1, 767-300F SRM 53-10-01 Repair 1, 767-400 SRM 
53-10-01 Repair 1, or B767-300BCF SRM 53-10-01 Repair 1, as 
applicable.''
    (4) Where Boeing Alert Requirements Bulletin 767-53A0301 RB, 
Revision 2, dated May 24, 2023, refers to ``767-200 SRM 53-10-01 
Repair 1, 767-300 SRM 53-10-01 Repair 1, or 767-400 SRM 53-10-01 
Repair 1,'' this AD requires replacing that text with ``767-200 SRM 
53-10-01 Repair 1, 767-300 SRM 53-10-01 Repair 1, 767-400 SRM 53-10-
01 Repair 1, or B767-300BCF SRM 53-10-01 Repair 1, as applicable.''

(i) Required Actions: Model 767-2C

    At the later of the times specified in paragraphs (i)(1) and (2) 
of this AD: Perform inspections (external detailed, internal 
detailed, and open hole high frequency eddy current, as applicable), 
including repetitive inspections as applicable, for cracking at the 
forward entry door and forward service door cutout aft lower corner 
fuselage skin and bear strap area, and repair any cracks found, in 
accordance with a method and at the times specified, as approved by 
the Manager, AIR-520, Continued Operational Safety Branch, FAA.
    Note 2 to paragraph (i): Guidance on doing the required actions 
can be found in Boeing Alert Requirements Bulletin 767-53A0303 RB, 
Revision 1, dated June 29, 2023; and Boeing Alert Requirements 
Bulletin 767-53A0308, Revision 1, dated June 21, 2023.
    (1) Before 15,000 cumulative flight cycles or 30,000 cumulative 
total accumulated cycles, whichever occurs first. These terms are 
defined in paragraph (j) of this AD.
    (2) Within 2,250 flight cycles, 4,500 total accumulated cycles, 
or 24 months after the effective date of this AD, whichever occurs 
first.

(j) Compliance Time Definitions for Model 767-2C

    The definitions in paragraphs (j)(1) through (5) of this AD 
apply to this AD.
    (1) A ``flight cycle'' is an operation by an aircraft that is 
initially stopped on the ground, departs in flight, attains a 
maximum above ground level (AGL) altitude greater than 5,000 feet 
relative to the runway, lands on a runway, and stops on the ground. 
A flight cycle may include one or more touch-and-go cycles.
    (2) A ``touch-and-go cycle'' is an operation by an aircraft that 
lands and departs on a runway without stopping or exiting the runway 
and is immediately followed by a short flight with a maximum AGL 
altitude of 5,000 feet relative to the runway.
    (3) ``Total accumulated cycles'' is the sum of the accumulated 
number of flight cycles, accumulated missed approaches, and the 
accumulated number of touch-and-go cycles.
    (4) A ``missed approach'' (or go-around) is an aircraft landing 
approach that is discontinued and proceeded by a climb-out for any 
reason without landing gear touching the runway and is either 
immediately preceded by or immediately followed by a short flight 
with a maximum AGL altitude of 5,000 feet relative to the runway. 
Any flight operation not meeting this definition is considered a 
flight cycle.
    (5) ``Cumulative'' cycles are total cycles since new.

(k) Credit for Previous Actions

    This paragraph provides credit for the actions specified in 
paragraph (g) of this AD, if those actions were performed before the 
effective date of this AD using Boeing Alert Requirements Bulletin 
767-53A0301 RB, dated April 21, 2021, or Boeing Alert Requirements 
Bulletin 767-53A0301 RB, Revision 1, dated April 11, 2022.

(l) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, AIR-520, Continued Operational Safety 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 
responsible Flight Standards 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 responsible Flight Standards 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, AIR-
520, Continued Operational Safety 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.

(m) Related Information

    (1) For more information about this AD, contact Joseph Hodgin, 
Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA 
98198; phone: 206-231-3962; email: [email protected].
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the address specified in 
paragraph (n)(3) of this AD.

(n) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.

[[Page 22932]]

    (i) Boeing Alert Requirements Bulletin 767-53A0301 RB, Revision 
2, dated May 24, 2023.
    (ii) [Reserved]
    (3) 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; website myboeingfleet.com.
    (4) You may view service information that is incorporated by 
reference at the FAA, Airworthiness Products Section, Operational 
Safety Branch, 2200 South 216th St., Des Moines, WA. For information 
on the availability of this material at the FAA, call 206-231-3195.
    (5) You may view this material at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on February 29, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-06993 Filed 4-2-24; 8:45 am]
BILLING CODE 4910-13-P