```

[Federal Register Volume 76, Number 37 (Thursday, February 24, 2011)]
[Proposed Rules]
[Pages 10288-10291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4200]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0044; Directorate Identifier 2010-NM-059-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Model 767-200, -300, 
-300F, and -400ER Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to supersede an existing airworthiness directive 
(AD) that applies to The Boeing Company Model 767-200, -300, and -300F 
series airplanes. The existing AD currently requires inspections to 
detect cracking or corrosion of the fail-safe straps between the side 
fitting of the rear spar bulkhead at body station 955 and the skin; and 
follow-on and corrective actions. Since we issued that AD, we have 
received additional reports of cracks in 51 fail-safe straps on 41 
airplanes; we have also received a report of a crack found in the ``T'' 
fitting that connects the fail-safe strap to the outboard edge of the 
pressure deck. This proposed AD would expand the applicability, and 
would add an inspection for cracking in the fail-safe strap, and repair 
or replacement if necessary. We are proposing this AD to detect and 
correct fatigue cracking or corrosion of the fail-safe straps and the 
``T'' fittings, which could result in cracking of adjacent structure 
and consequent reduced structural integrity of the fuselage.

DATES: We must receive comments on this proposed AD by April 11, 2011.

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: 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 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 [email protected]; 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.

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 (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, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; phone: 425-917-
6577; fax: 425-917-6590; e-mail: [email protected].

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-2011-0044; 
Directorate Identifier 2010-NM-059-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 September 26, 2005, we issued AD 2004-19-06 R1, amendment 39-
14313 (70 FR 58000, October 5, 2005), for certain Model 767-200, -300, 
and -300F series airplanes. That AD requires inspections to detect 
cracking or corrosion of the fail-safe straps between the side fitting 
of the rear spar bulkhead at body station (BS) 955 and the skin; and 
follow-on/corrective actions. That AD resulted from reports of cracked 
and/or corroded fail-safe straps at BS 955 on Model 767-200 series 
airplanes. We issued that AD to detect and correct fatigue cracking or 
corrosion of the fail-safe straps, which could result in cracking of 
adjacent structure and consequent reduced structural integrity of the 
fuselage.

Actions Since Existing AD Was Issued

    Since we issued AD 2004-19-06 R1, we have received additional 
reports of cracks in 51 fail-safe straps on 41 airplanes. There were 42 
fail-safe straps repaired, and 9 were not repairable and were replaced. 
Fail-safe straps were repaired on 33 airplanes with total accumulated 
flight cycles ranging from 39,886 to 89,236. Fail-safe straps were 
replaced on 9 airplanes with flight cycles ranging from 12,565 to 
31,809, and flight hours ranging from 48,704 to 93,212. In addition, 4 
fail-safe straps on 4 airplanes with total accumulated flight cycles 
ranging from 12,540 to 23,987 and flight hours ranging from 37,634 to 
74,823 were replaced due to corrosion damage.
    One report was received of a crack found in the ``T'' fitting that 
connects the fail-safe strap and the pressure deck. The cracked ``T'' 
fitting was found at

[[Page 10289]]

13,449 total accumulated flight cycles and 74,008 flight hours, and was 
located at the lower of the 3 fastener holes common to the fail-safe 
strap.

Relevant Service Information

    We reviewed Boeing Alert Service Bulletin 767-53A0100, Revision 1, 
dated August 11, 2006; and Revision 2, dated January 15, 2010. Revision 
1 of this service bulletin both adds certain Model 767-400ER airplanes 
to the Effectivity, and removes other airplanes from the Effectivity, 
of Boeing Alert Service Bulletin 767-53A0100, dated September 26, 2002 
(which is identified as the appropriate source of service information 
for accomplishing the actions specified in the existing AD). Revision 1 
also adds procedures for an ultrasonic inspection and expands the 
inspection area for cracking and corrosion to an area within five 
inches of the fail-safe strap.
    Revision 2 of this service bulletin adds an airplane that had been 
removed from the Effectivity of Revision 1 of this service bulletin. In 
addition, Revision 2 of this service bulletin adds procedures for a 
related investigative action for certain crack findings during the 
ultrasonic inspection specified in Revision 1 of this service bulletin. 
The related investigative action involves an open-hole HFEC inspection 
for cracking at the lower of three fastener holes common to the fail-
safe strap and the ``T'' fitting, and repair if necessary. The repair 
includes various inspections (i.e., detailed, open-hole HFEC, and 
surface HFEC) for cracking and corrosion of the ``T'' fitting and 
adjacent structure; replacement of the ``T'' fitting with a new ``T'' 
fitting; repair of corrosion within specified limits; and replacement 
of the fail-safe strap with a new strap, if necessary. The service 
bulletin specifies to contact Boeing for certain repair and replacement 
procedures. Repairing the fail-safe strap or replacing the fail-safe 
strap with a strap having a revised edge configuration eliminates the 
need for the repetitive inspections only on the side of the airplane on 
which the corrective action is done.
    For airplanes on which a fail-safe strap is replaced with a strap 
that does not have a revised edge configuration, the service bulletin 
describes procedures for detailed and surface HFEC inspections for 
cracks and corrosion of the fail-safe strap, and an ultrasonic 
inspection for cracks of the fail-safe strap.

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 retain all of the requirements of AD 2004-
19-06 R1. This proposed AD would expand the applicability statement of 
the existing AD. This proposed AD would also require accomplishing the 
actions specified in Revision 2 of the service information described 
previously, except as discussed under ``Differences Between the 
Proposed AD and the Service Information.''

Differences Between the Proposed AD and the Service Information

    The service bulletin 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.

Changes to Existing AD

    We have added a new paragraph (d) to this proposed AD to provide 
the Air Transport Association (ATA) of America subject code 53, 
Fuselage. This code is added to make this proposed AD parallel with 
other new AD actions. We have re-identified subsequent paragraphs 
accordingly.
    We have revised the existing AD to identify the legal name of the 
manufacturer as published in the most recent type certificate data 
sheet for the affected airplane models.
    Since AD 2004-19-06 R1 was issued, the AD format has been revised, 
and certain paragraphs have been rearranged. As a result, the 
corresponding paragraph identifiers have changed in this proposed AD, 
as listed in the following table:

                      Revised Paragraph Identifiers
------------------------------------------------------------------------
                                      Corresponding requirement in this
  Requirement in AD 2004-19-06 R1                proposed AD
------------------------------------------------------------------------
            paragraph (d).                       paragraph (e).
            paragraph (e).                       paragraph (f).
            paragraph (f).                       paragraph (g).
            paragraph (g).                       paragraph (h).
------------------------------------------------------------------------

Costs of Compliance

    We estimate that this proposed AD affects 390 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                Cost on U.S.
              Action                    Labor cost        Parts cost    Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Inspection for Model 767-200, -    2 work-hours x $85             $0  $170 per inspection   $60,180 per
 300, and -300F airplanes           per hour = $170 per                cycle..               inspection cycle.
 (retained actions from existing    inspection cycle.
 AD).
New proposed inspections for all   2 work-hours x $85             $0  $170 per inspection   $66,300 per
 airplanes (new proposed action).   per hour = $170 per                cycle..               inspection cycle.
                                    inspection cycle.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary repairs/
replacements 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 repairs/replacements:

[[Page 10290]]

                                               On-condition costs
----------------------------------------------------------------------------------------------------------------
                Action                        Labor cost               Parts cost            Cost per product
----------------------------------------------------------------------------------------------------------------
Repair or replacement, Groups 1-7,     295 work-hours x $85     Between $9,054 and       Between $34,129 and
 10, and 11 airplanes.                  per hour = $25,075.      $15,837.                 $40,912.
Repair or replacement, Groups 8 and 9  297 work hours x $85     Between $32,593 and      Between $57,838 and
 airplanes.                             per hour = $25,245.      $32,727.                 $57,972.
----------------------------------------------------------------------------------------------------------------

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),
    (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

    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 airworthiness directive 
(AD) 2004-19-06 R1, Amendment 39-14313 (70 FR 58000, October 5, 2005), 
and adding the following new AD:

The Boeing Company: Docket No. FAA-2011-0044; Directorate Identifier 
2010-NM-059-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by April 11, 
2011.

Affected ADs

    (b) This AD supersedes AD 2004-19-06 R1, Amendment 39-14313.

Applicability

    (c) This AD applies to Model 767-200, -300, -300F, and -400ER 
series airplanes, certificated in any category; as identified in 
Boeing Alert Service Bulletin 767-53A0100, Revision 2, dated January 
15, 2010.

Subject

    (d) Joint Aircraft System Component (JASC)/Air Transport 
Association (ATA) of America Code 53, Fuselage.

Unsafe Condition

    (e) This AD was prompted by additional reports of cracks in 51 
fail-safe straps on 41 airplanes; we have also received a report of 
a crack found in the ``T'' fitting that connects the fail-safe strap 
to the outboard edge of the pressure deck. We are issuing this AD to 
detect and correct fatigue cracking or corrosion of the fail-safe 
straps and the ``T'' fittings, which could result in cracking of 
adjacent structure and consequent reduced structural integrity of 
the fuselage.

Compliance

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

Requirements of AD 2004-19-06 R1, Amendment 39-14313: Inspections and 
Follow-On/Corrective Actions

    (g) For Model 767-200, -300, and -300F series airplanes having 
line numbers 1 through 931 inclusive: Except as provided by 
paragraph (h) of this AD, prior to the accumulation of 15,000 total 
flight cycles, or within 3,000 flight cycles after November 1, 2004 
(the effective date of AD 2004-19-06 R1, Amendment 39-14313), 
whichever occurs later, perform a detailed inspection and eddy 
current inspection to detect cracking or corrosion of the fail-safe 
straps between the side fitting of the rear spar bulkhead at body 
station (BS) 955 and the skin, per Figure 2 of the Accomplishment 
Instructions of Boeing Alert Service Bulletin 767-53A0100, dated 
September 26, 2002; or Boeing Alert Service Bulletin 767-53A0100, 
Revision 2, dated January 15, 2010. As of the effective date of this 
AD, use only Revision 2 of Boeing Alert Service Bulletin 767-
53A0100. Doing the inspections required by paragraph (i) of this AD 
terminates the requirements of this paragraph.

    Note 1:  For the purposes of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirror, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate procedures may be required.''

    (1) If no crack or corrosion is found, repeat the inspections 
thereafter at intervals not to exceed 6,000 flight cycles or 36 
months, whichever occurs first, until paragraph (i) of this AD is 
done.
    (2) If any crack or corrosion is found, before further flight, 
repair per a method approved by the Manager, Seattle Aircraft 
Certification Office (ACO), FAA; or using a method approved in 
accordance with paragraph (o) of this AD.
    (h) For airplanes identified in paragraph (g) of this AD on 
which the fail-safe strap has been replaced before November 1, 2004: 
Do the actions required by paragraph (g) of this AD within 12,000 
flight cycles after accomplishing the replacement.

    Note 2:  Steps 2 and 8 of the Work Instructions of Boeing Alert 
Service Bulletin 767-53A0100, dated September 26, 2002, refer 
incorrectly to Boeing 767 Airplane Maintenance Manual (AMM) 32-00-20 
for opening the MLG doors; the correct reference is Boeing 767 AMM 
32-00-15, which is referred to in steps 3 and 7 of the Work 
Instructions. Step 2 also should state ``Open Main Landing Gear 
(MLG) doors'' instead of ``Open Main Landing Green (MLG) doors.''

New Requirements of This AD With Revised Service Information: 
Repetitive Detailed and Eddy Current Inspections

    (i) Prior to the accumulation of 15,000 total flight cycles, or 
within 3,000 flight cycles after the effective date of this AD, 
whichever

[[Page 10291]]

occurs later: Perform detailed and eddy current inspections to 
detect cracking and/or corrosion of the fail-safe straps between the 
side fitting of the rear spar bulkhead at BS 955 and the skin, in 
accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin 767-53A0100, Revision 2, dated January 15, 2010. If 
no crack or corrosion is found, repeat the inspections thereafter at 
intervals not to exceed 6,000 flight cycles or 36 months, whichever 
occurs first. Accomplishing the actions required by this paragraph 
ends the requirements of paragraphs (g) and (g)(1) of this AD.

Repetitive Ultrasonic Inspections

    (j) Prior to the accumulation of 15,000 total flight cycles, or 
within 3,000 flight cycles after the effective date of this AD, 
whichever occurs later: Do an ultrasonic inspection of the fail-safe 
strap for cracking, and all applicable related investigative 
actions, in accordance with the Accomplishment Instructions of 
Boeing Alert Service Bulletin 767-53A0100, Revision 2, dated January 
15, 2010. Do all applicable related investigative actions before 
further flight. If no crack is found, repeat the inspection 
thereafter at intervals not to exceed 6,000 flight cycles or 36 
months, whichever occurs first.

Corrective Actions

    (k) If any corrosion is found during any inspection required by 
paragraph (i) of this AD: Before further flight, repair the 
corrosion, in accordance with the Accomplishment Instructions of 
Boeing Alert Service Bulletin 767-53A0100, Revision 2, dated January 
15, 2010.
    (l) If any crack is found during any inspection required by 
paragraph (i) or (j) of this AD: Before further flight, repair in 
accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin 767-53A0100, Revision 2, dated January 15, 2010; 
except where the service bulletin specifies to contact Boeing for 
appropriate action, before further flight, repair using a method 
approved in accordance with the procedures specified in paragraph 
(o) of this AD. Accomplishing the fail-safe strap trim repair in 
accordance with Boeing Alert Service Bulletin 767-53A0100, Revision 
2, dated January 15, 2010, ends the repetitive inspections required 
by paragraphs (i) and (j) of this AD only on the side of the 
airplane where the repair was done. Replacing the fail-safe strap 
with a replacement strap that has the revised edge configuration in 
accordance with Boeing Alert Service Bulletin 767-53A0100, Revision 
2, dated January 15, 2010, ends the repetitive inspections required 
by paragraphs (i) and (j) of this AD only on the side of the 
airplane where the replacement was done.

Post-Replacement Inspections

    (m) For any replacement strap that does not have a revised edge 
configuration, as specified in Boeing Alert Service Bulletin 767-
53A0100, Revision 2, dated January 15, 2010: Within 12,000 flight 
cycles after doing the replacement, accomplish the inspections 
required by paragraphs (i) and (j) of this AD. Repeat the 
inspections thereafter at intervals not to exceed 6,000 flight 
cycles or 36 months, whichever occurs first. Replacing the fail-safe 
strap with a replacement strap that has the revised edge 
configuration in accordance with Boeing Alert Service Bulletin 767-
53A0100, Revision 2, dated January 15, 2010, ends the repetitive 
inspections required by paragraphs (i) and (j) of this AD only on 
the side of the airplane where the replacement was done.

Credit for Actions Accomplished in Accordance With Previous Service 
Information

    (n) Actions accomplished before the effective date of this AD in 
accordance with Boeing Alert Service Bulletin 767-53A0100, Revision 
1, dated August 11, 2006, are considered acceptable for compliance 
with the corresponding actions specified in this AD.

Alternative Methods of Compliance (AMOCs)

    (o)(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. 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 the Related Information section of this AD. 
Information may be e-mailed 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 14 CFR 25.571, 
Amendment 45, and the approval must specifically refer to this AD.
    (4) AMOCs approved for AD 2004-19-06 and AD 2004-19-06 R1 are 
approved as AMOCs for paragraphs (g) and (h) of this AD, as 
applicable.

Related Information

    (p) For more information about this AD, contact Berhane Alazar, 
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle ACO, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; phone: (425) 
917-6577; fax: (425) 917-6590; e-mail: [email protected].
    (q) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; phone: 206-
544-5000, extension 1; fax: 206-766-5680; e-mail: 
[email protected]; 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.

    Issued in Renton, Washington, on February 15, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-4200 Filed 2-23-11; 8:45 am]
BILLING CODE 4910-13-P
```