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/ February
/ Monday, February 08, 2010
[Federal Register: February 8, 2010 (Volume 75, Number 25)]
[Proposed Rules]
[Page 6154-6157]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08fe10-20]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0033; Directorate Identifier 2009-NM-099-AD]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Model 767 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to supersede an existing airworthiness
directive (AD) that applies to all Model 767 airplanes. The existing AD
currently requires repetitive detailed and high frequency eddy current
(HFEC) inspections of the station (STA) 1809.5 bulkhead for cracking,
and corrective actions if necessary. This proposed AD would expand the
inspection area to include the vertical inner chord at STA 1809.5. This
proposed AD results from reported fatigue cracking in the vertical
inner chord and the forward outer chord while doing the detailed
inspection of the horizontal inner chord at STA 1809.5. We are
proposing this AD to detect and correct fatigue cracking in the
bulkhead structure at STA 1809.5 and the vertical inner chord at STA
1809.5, which could result in failure of the bulkhead structure for
carrying the flight loads of the horizontal stabilizer, and consequent
loss of controllability of the airplane.
DATES: We must receive comments on this proposed AD by March 25, 2010.
ADDRESSES: You may send comments 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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, 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, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax 206-766-5680; e-mail me.boecom@boeing.com;
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 or
425-227-1152.
Examining the AD Docket
You may examine the AD docket on the Internet at http://
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 proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (telephone 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, Airframe Branch, ANM-
120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue,
SW., Renton, Washington 98057-3356; telephone (425) 917-6577; fax (425)
917-6590.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2010-0033;
Directorate Identifier 2009-NM-099-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
On November 9, 2006, we issued AD 2006-24-04, Amendment 39-14833
(71 FR 68432, November 27, 2006), for all Model 767 airplanes. That AD
requires repetitive detailed and high frequency eddy current (HFEC)
inspections of the station (STA) 1809.5 bulkhead for cracking, and
corrective actions if necessary. That AD resulted from fatigue cracks
found in the forward outer chord and horizontal inner chord at STA
1809.5. We issued that AD to detect and correct cracking in the
bulkhead structure at STA 1809.5, which could result in failure of the
bulkhead structure for carrying the flight loads of the horizontal
stabilizer, and consequent loss of controllability of the airplane.
Actions Since Existing AD Was Issued
Since we issued AD 2006-24-04, an operator reported fatigue
cracking in the vertical inner chord found while doing the detailed
inspection of the horizontal inner chord required by that AD. A surface
HFEC inspection was done to confirm the crack. The crack was found on
the right side of the structure at a fastener hole near buttock line
(BL) 28.5, water line (WL) 257, common to both the horizontal and
vertical inner chord. The vertical inner chord crack was found on an
airplane with 28,234 total flight cycles.
Relevant Service Information
AD 2006-24-04 refers to Boeing Alert Service Bulletin 767-53A0131,
dated March 30, 2006, as the appropriate source of service information
for the required actions. We have reviewed Boeing Alert Service
Bulletin 767-53A0131, Revision 1, dated March 12, 2009. Revision 1 adds
a surface HFEC inspection for the vertical inner chord, and clarifies
the procedures for inspecting the horizontal inner chord. The service
bulletin specifies a compliance time of before 15,000 total flight
cycles or within 6,000 flight cycles after the previous PARTS 1-4
inspection, whichever occurs first, for the surface HFEC inspection for
the vertical inner chord. The service bulletin also specifies a repeat
interval 6,000 flight cycles thereafter for the surface HFEC inspection
for the vertical inner chord.
FAA's Determination and Requirements of the Proposed AD
We have evaluated all pertinent information and identified an
unsafe condition that is likely to develop on other airplanes of the
same type design. For this reason, we are proposing this AD, which
would supersede AD 2006-
[[Page 6155]]
24-04 and retain the requirements of the existing AD. This proposed AD
would also require accomplishing the new actions specified in the
revised service bulletin described previously.
Change to Paragraph (i) of the Existing AD
We have revised paragraph (i) of the existing AD to clarify that
the modification of a forward outer chord may be done in accordance
with Steps 4.A through 4.C and 4.G through 4.P of Repair 9, dated April
15, 2006, of Chapter 53-80-08 of the Boeing 767-200 Structural Repair
Manual (SRM), Document D634T201; Boeing 767-300 SRM, Document D634T210;
Boeing 767-300F SRM, Document D634T215; or Boeing 767-400 SRM, Document
D634T225; as applicable. For a horizontal inner chord, modification may
be done in accordance with Steps 4.A, 4.B, and 4.F through 4.P of
Repair 10, dated April 15, 2006, of Chapter 53-80-08 of the Boeing 767-
200 SRM, Document D634T201; Boeing 767-300 SRM, Document D634T210;
Boeing 767-300F SRM, Document D634T215; or Boeing 767-400 SRM, Document
D634T225; as applicable.
Change to Paragraph (j)(3) of the Existing AD
Boeing Commercial Airplanes has received an Organization
Designation Authorization (ODA), which replaces their previous
designation as a Delegation Option Authorization (DOA) holder. We have
revised paragraph (j)(3) of the existing AD (paragraph (n)(3) of this
AD) to delegate the authority to approve an alternative method of
compliance for any repair required by this AD to the Boeing Commercial
Airplanes ODA.
Costs of Compliance
There are about 975 airplanes of the affected design in the
worldwide fleet. The following table provides the estimated costs for
U.S. operators to comply with this proposed AD.
Estimated Costs
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Number of
Work Average U.S.-
Action hours labor rate Parts Cost per airplane registered Fleet cost
per hour airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Repetitive inspections of STA 1805.5 12 $80 None................... $960 per inspection 354 $339,840 per inspection
(required by AD 2006-24-04). cycle. cycle.
Inspection of inner chord (new 2 $80 None................... $160 per inspection 354 $56,640 per inspection
proposed action). cycle. cycle.
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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 have 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 that the 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); 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.
We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket. See the
ADDRESSES section for a location to examine the regulatory evaluation.
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
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]
2. The FAA amends Sec. 39.13 by removing Amendment 39-14833 (71 FR
68432, November 27, 2006) and adding the following new AD:
The Boeing Company: Docket No. FAA-2010-0033; Directorate Identifier
2009-NM-099-AD.
Comments Due Date
(a) The FAA must receive comments on this AD action by March 25,
2010.
Affected ADs
(b) This AD supersedes AD 2006-24-04, Amendment 39-14833.
Applicability
(c) This AD applies to all The Boeing Company Model 767-200, -
300, -300F, and -400ER series airplanes, certificated in any
category.
Subject
(d) Air Transport Association (ATA) of America Code 53:
Fuselage.
Unsafe Condition
(e) This AD results from reported fatigue cracking in the
vertical inner chord while doing a detailed inspection of the
horizontal inner chord. The Federal Aviation Administration is
issuing this AD to detect and correct fatigue cracking in the
bulkhead structure at station (STA) 1809.5 and the vertical inner
chord at STA 1809.5, which could result in failure of the bulkhead
structure for carrying the flight loads of the horizontal
stabilizer, and consequent loss of controllability of the airplane.
Compliance
(f) You are responsible for having the actions required by this
AD performed within
[[Page 6156]]
the compliance times specified, unless the actions have already been
done.
Restatement of Requirements of AD 2006-24-04, With New Service
Information
Repetitive Inspections and Corrective Actions
(g) Before the accumulation of 15,000 total flight cycles, or
within 3,000 flight cycles after January 2, 2007 (the effective date
of AD 2006-24-04), whichever is later: Do the detailed and high
frequency eddy current (HFEC) inspections for cracking as specified
in Parts 1, 2, 3, and 4 of the Accomplishment Instructions of Boeing
Alert Service Bulletin 767-53A0131, dated March 30, 2006; or
Revision 1, dated March 12, 2009; and do all corrective actions
before further flight; by accomplishing all the actions specified in
the Accomplishment Instructions of Boeing Alert Service Bulletin
767-53A0131, dated March 30, 2006; or Boeing Alert Service Bulletin
767-53A0131, Revision 1, dated March 12, 2009; except as provided by
paragraph (h) of this AD. After the effective date of this AD, use
only Revision 1, dated March 12, 2009, of Boeing Alert Service
Bulletin 767-53A0131. Repeat the inspections thereafter at intervals
not to exceed 6,000 flight cycles. Accomplishing the corrective
action for the inspections specified in Part 1, 2, 3, or 4, as
applicable, of Boeing Alert Service Bulletin 767-53A0131, dated
March 30, 2006; or Revision 1, dated March 12, 2009; as applicable;
terminates the repetitive inspections for that area only.
Exceptions to Service Bulletin
(h) If any cracking is found in the skin or in any structure
other than the forward outer chord or horizontal inner chord during
any inspection required by paragraph (g) or (k) of this AD, and
Boeing Service Bulletin 767-53A0131, dated March 30, 2006; or Boeing
Alert Service Bulletin 767-53A0131, Revision 1, dated March 12,
2009; specifies to contact Boeing for appropriate action: Before
further flight, repair the cracking using a method approved in
accordance with the procedures specified in paragraph (n) of this
AD.
Optional Terminating Action for the Repetitive Inspections Required by
Paragraph (g) of this AD
(i) If no cracking is found during the most recent detailed and
HFEC inspections for a specified area as required by paragraph (g)
of this AD: Modification of a specified area in accordance with a
method approved by the Manager, Seattle Aircraft Certification
Office (ACO), FAA, terminates the repetitive inspections required by
paragraph (g) of this AD for that area only. Modification of a
forward outer chord in accordance with Steps 4.A through 4.C and 4.G
through 4.P of Repair 9, dated April 15, 2006, of Chapter 53-80-08
of the Boeing 767-200 Structural Repair Manual (SRM), Document
D634T201; Boeing 767-300 SRM, Document D634T210; Boeing 767-300F
SRM, Document D634T215; or Boeing 767-400 SRM, Document D634T225; as
applicable; also terminates the repetitive inspections required by
paragraph (g) of this AD for that area. Modification of a horizontal
inner chord in accordance with Steps 4.A, 4.B, and 4.F through 4.P
of Repair 10, dated April 15, 2006, of Chapter 53-80-08 of the
Boeing 767-200 SRM, Document D634T201; Boeing 767-300 SRM, Document
D634T210; Boeing 767-300F SRM, Document D634T215; or Boeing 767-400
SRM, Document D634T225; as applicable; also terminates the
repetitive inspections required by paragraph (g) of this AD for that
area.
Credit for Previously Accomplished Repairs
(j) Repair of a forward outer chord done before January 2, 2007,
in accordance with Repair 9, dated April 15, 2006, of Chapter 53-80-
08 of the Boeing 767-200 SRM, Document D634T201; Boeing 767-300 SRM,
Document D634T210; Boeing 767-300F SRM, Document D634T215; or Boeing
767-400 SRM, Document D634T225; as applicable; is acceptable for
compliance with the requirements of paragraph (g) of this AD for
that area only. Repair of a horizontal inner chord before January 2,
2007, in accordance with Repair 10, dated April 15, 2006, of Chapter
53-80-08 of the Boeing 767-200 SRM, Document D634T201; Boeing 767-
300 SRM, Document D634T210; Boeing 767-300F SRM, Document D634T215;
or Boeing 767-400 SRM, Document D634T225; as applicable; is
acceptable for compliance with the requirements of paragraph (g) of
this AD for that area only.
New Requirements of This AD
Inspections
(k) At the later of the times specified in paragraphs (k)(1) and
(k)(2) of this AD, except as specified in paragraph (l) of this AD:
Do the detailed and HFEC inspections for cracking as specified in
Parts 5 and 6 of the Accomplishment Instructions of Boeing Alert
Service Bulletin 767-53A0131, Revision 1, dated March 12, 2009; and
do all applicable corrective actions by accomplishing all the
actions specified in the Accomplishment Instructions of Boeing Alert
Service Bulletin 767-53A0131, Revision 1, dated March 12, 2009;
except as provided by paragraph (h) of this AD. Do all applicable
corrective actions before further flight. Repeat the inspections
thereafter at intervals not to exceed 6,000 flight cycles.
Accomplishing the corrective action for the inspections specified in
Part 5 or 6 of the Accomplishment Instructions of Boeing Alert
Service Bulletin 767-53A0131, Revision 1, dated March 12, 2009, as
applicable, terminates the repetitive inspections for that area
only.
(1) 15,000 total flight cycles or 6,000 flight cycles after the
inspection required by paragraph (g) of this AD, whichever occurs
first.
(2) 30 days after the effective date of this AD.
Exceptions to the Service Bulletin
(l) Where Boeing Alert Service Bulletin 767-53A0131, Revision 1,
dated March 12, 2009, specifies a compliance time ``after the date
on the original issue of the service bulletin'' or ``after the date
on Revision 01 of the service bulletin,'' this AD requires
compliance within the specified compliance time after the effective
date of this AD.
Optional Terminating Action for the Repetitive Inspections Required by
Paragraph (k) of This AD
(m) If no cracking is found during the most recent detailed and
HFEC inspections for a specified area as required by paragraph (k)
of this AD: Modification of a specified area in accordance with a
method approved by the Manager, Seattle ACO, FAA, terminates the
repetitive inspections required by paragraph (k) of this AD for that
area only.
Note 1: Guidance on modifying a vertical inner chord can be
found in the service information identified in Table 1 of this AD.
Table 1--Service Information
----------------------------------------------------------------------------------------------------------------
Steps-- Dated-- Of--
----------------------------------------------------------------------------------------------------------------
4.A through 4.C and 4.G through 4.Q of August 15, 2008........................ Chapter 53[dash]80-08 of the
Repair 11. Boeing 767-200 SRM,
Document D634T201.
4.A through 4.C and 4.G through 4.Q of August 15, 2008........................ Chapter 53[dash]80-08 of the
Repair 11. Boeing 767-300 SRM,
Document D634T210.
4.A through 4.C and 4.G through 4.Q of August 15, 2008........................ Chapter 53[dash]80-08 of the
Repair 11. Boeing 767-300F SRM,
Document D634T215.
4.A through 4.C and 4.G through 4.Q of August 15, 2008........................ Chapter 53[dash]80-08 of the
Repair 11. Boeing 767-400 SRM,
Document D634T225.
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[[Page 6157]]
Alternative Methods of Compliance (AMOCs)
(n)(1) The Manager, Seattle ACO, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. Send information to ATTN: Berhane Alazar, Airframe
Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 1601
Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
917-6577; fax (425) 917-6590. Or, e-mail information to 9-ANM-
Seattle-ACO-AMOC-Requests@faa.gov.
(2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
(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) AMOCs approved previously in accordance with AD 2006-24-04
are approved as AMOCs for the corresponding provisions of this AD.
Issued in Renton, Washington, on January 28, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-2685 Filed 2-5-10; 8:45 am]
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