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### AD Notice of Proposed Rulemaking

Federal Register Information [Federal Register Volume 77, Number 35 (Wednesday, February 22, 2012)] [Pages 10403-10406]

Header Information
DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0145; Directorate Identifier 2011-NM-066 -AD]
RIN 2120-AA64 Airworthiness Directives; T he Boeing Company Airplanes

Preamble Information
AGENCY: Federal Aviation Admini stration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede an existi ng airworthiness directive (AD) that applies to certain The Boeing Company Model 767 airp lanes. The existing AD currently requires revisi ng the Airworthiness Limi tations Section of the maintenance planning data (MP D) document. Since we issued that AD, a reevaluation of certain doors and flaps was done based on their fatigue-critical nature. This proposed AD would revise the maintenance program to incorporate an additional limitation, and would add airplanes to th e applicability. We are proposing this AD to detect and correct fatigue cracking of the pr incipal structural element (PSEs), whic h could adversely affect the structural integrity of the airplane.

DATES: We must receive comments on this proposed AD by Ap ril 9, 2012.

ADDRESSES: You may send comments, using th e procedures found in 14 CFR 11.43 and 11.45, by any of th e following methods:

 Federal eRulemaking Portal: Go to http://www.regulations.gov . Follow the
instructions for subm itting comments.

 Fax: 202-493-2251. Pa g e 1 of 8 The Boein g Compan y Airplanes

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... Mail: U.S. Departm ent of Transportation, Docke t Operations, M-30, West Building Ground Fl oor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

 Hand Delivery: Deliver to Mail addre ss above between 9 a. m. and 5 p.m., Monday through Friday, exc ept Federal holidays.

For service information id entified in this AD, co ntact Boeing Commercial Airplanes, Attention: Data & Services Management, P. O. Box 3707, MC 2H-65, Seattle, Washingt on 98124-2207; telephone 206-544-500 0, extension 1; fax 206- 766-5680; email me.boecom @boeing.com; Internet https://www.my boeingfleet.com . You may review copies of the referenced service information at the FAA, Tr ansport Airplane Director ate, 1601 Lind Avenue SW., Renton, Washington. For informat ion on the availability of this material at the FAA,
call 425-227-1221.

Examining the AD Docket

You may examine the AD do cket on the Internet at http://www.regulations.gov ; or in person at the Docket M anagement Facility between 9 a.m. and 5 p.m., Monday through Friday, except Feder al holidays. The AD docke t contains this proposed
A D, the regulatory ev aluation, any comments receiv ed, and other information. The
street address for the Docket Offi ce (phone: 800-647- 5527) is in the
ADDRESSES section. Comments will be avai lable in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Berhane Alazar, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircra ft Certification Office, 1601 Lind Avenue SW., Rent on, Washington 98057-3356; phone: 425-917- 6577; fax: 425-917-6590; email: berhane.alazar@faa.gov.

SUPPLEMENTARY INFORMATION:

Comments Invited

We invite you to send any written releva nt data, views, or arguments about this proposed AD. Send your comments to an address li sted under t he ADDRESSES
section. Include "Docket No. FA A-2012-0145; Director ate Identifier 2011-NM-066

- AD'' at the beginning of your comments. We specific ally invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed
AD. We will consider al l comments received by t he 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 info rmation you provide. We will also post a report su mmarizing each substantive verbal contact we receive about this proposed AD.

Discussion Pa g e 2 of 8 The Boein g Compan y Airplanes

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...On September 4, 2003, we issued AD 2003-18-10, amendment 39 -13301 (68 FR 53503, September 11, 2003), for certain The Boeing Company Model 767-200, - 300, -300F, and -400ER series airplanes. That AD requir es revising Subsection B, Section 9, of Boeing 767 Maintenance Planning Data (MPD) Document D622T001-9, titled "Airworthiness Li mitations (AWLs) and Certification Maintenance Requirements (CMRs),'' to incorporate Revision October 2002; and Appendix B of Boeing 767 MP D Document D622T001, Re vision December 2002. That AD resulted from analysi s of data that iden tified specific initial inspection thresholds and repetitive in spection intervals for cert ain principal structural elements (PSEs) to be added to the airworthiness limitati on instructions (ALI). We
issued that AD to ensure th at fatigue cracking of vari ous PSEs is detected and corrected; such fatigue cracki ng could adversely affect t he structural integrity of these airplanes.

Actions Since Existi ng AD Was Issued

Since we issued AD 2003-18-10 (68 FR 53503, September 11, 2003), a reevaluation of certain doors and flaps was done based on their fatigue-critical
nature. These items were classified as PSEs and ha ve been included in the
revised MPD Document.

Relevant Service Information

We reviewed Subsection B, Airworthiness Limitations--S tructural Inspections, of Section 9, Airworthiness Limitations (AWLs) and Certification Maintenance Requirements (CMRs), D622T001-9, Revi sion July 2011, of the Boeing 767 Maintenance Planning Data (MPD) Document. This serv ice information describes procedures for an additional cr itical fatigue inspection.

FAA's Determination

We are proposing this AD because we ev aluated all the relevant information and
determined the unsafe condition de scribed previously is like ly to exist or develop in other product s of the same type design.

Proposed AD Requirements

This proposed AD would retain certai n requirements of AD 2003-18-10 (68 FR 53503, September 11, 2003). This proposed AD would re vise the Airworthiness Limitations Section of th e Maintenance Planning Da ta (MPD) Document 767
A irworthiness Limitations Inst ructions (ALI) which adds a critical fatigue inspection and revises the applicabi lity to include additional ai rplane line numbers.

Change to Existing AD

This proposed AD would retain certai n requirements of AD 2003-18-10 (68 FR 53503, September 11, 2003). Since AD 2003-18-10 was issued, the AD format has been revised, and certai n paragraphs have been re arranged. As a result, the corresponding paragraph identifiers have change d in this proposed AD, as listed in the following table: Pa g e 3 of 8 The Boein g Compan y Airplanes

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...Revised Paragraph Identifiers

Costs of Compliance

We estimate that this proposed AD affe cts 417 airplanes of U.S. registry.

We estimate the follow ing costs to comply wi th this proposed AD:

Estimated Costs

Authority for This Rulemaking

Title 49 of the United Stat es 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 rulema king under the authority descri bed in Subtitle VII, Part A, Subpart III, Section 44701, "General requi rements.'' Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations fo r 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 pr oducts identified in this rulemaking action.

Regulatory Findings

We have determined that this pr oposed AD would not have federalism implications under Execut ive Order 13132. This propos ed AD would not have a substantial direct effect on the States , on the relationship between the national

Requirement in AD 2003–18–10

(68 FR 53503, September 11, 2003) Corresponding requirement in this proposed AD
paragraph (c) paragraph (g)
paragraph (d) paragraph (h)

Action Labor cost Parts

cost Cost per product Cost on
U.S. operators

Revise airworthi ness limitations [retained actions fr om existing AD 2003–18–10 (68 FR 53503, September 11, 2003)]. 1 work-hour × $85 per hour = $85. $0 $85 $35,445

Revise airworthi ness limitations [new requirements] 1 work-hour × $85 per hour = $85. 0 85 35,445 Pa g e 4 of 8 The Boein g Compan y Airplanes

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...Government and the States, or on the distribution of pow er and responsibilities among the various levels of government.

For the reasons discussed ab ove, I certify that th e 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, Febr uary 26, 1979),

(3) Will not affect intrasta te aviation in Alaska, and

(4) Will not have a signifi cant economic impact, po sitive or negative, on a
substantial number of small entities under the cr iteria of the Regul atory Flexibility
Act.

List of Subjects in 14 CFR Part 39

Air transportation, Ai rcraft, Aviation safety, Incorpor ation by reference, Safety.

The Proposed Amendment

Accordingly, under t he authority delegat ed to me by the Admi nistrator, the FAA proposes to amend 14 CFR pa rt 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 airwor thiness direct ive (AD) 2003- 18-10, Amendment 39-13301 (68 FR 53503, September 11, 2003), and adding the following new AD:

Regulatory Information

The Boeing Company: Docket No. FAA-2012-0145; Di rectorate Identifier 2011-
NM-066 -AD.

(a) Comments Due Date

The FAA must receive comments on this AD action by April 9, 2012.

(b) Affected ADs

This AD supersedes AD 2003-18-1 0, Amendment 39-133 01 (68 FR 53503, September 11, 2003). Pa g e 5 of 8 The Boein g Compan y Airplanes

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...(c) Applicability

This AD applies to The Boeing Compan y Model 767-200, - 300, - 300F, and - 400ER series airplanes; ce rtificated in any category ; line numbers 1 through 997
inclusive.

Note 1: This AD requires revision s to certain operator ma intenance documents to include new inspections. Compliance with these inspections is required by 14 CFR 91.403(c). For airplanes that have been previously modified, altered, or repaired in the areas addres sed by these inspections, the operator may not be able to accomplish the inspec tions described in the revision s. In this situation, to comply with 14 CFR 91.403(c), the o perator must reque st approval for an
alternative method of co mpliance according to par agraph (k) of this AD. The request should include a descr iption of changes to the required inspections that
will ensure the co ntinued damage toler ance of the affected structure. The FAA has provided guidance for this determination in Adviso ry Circular (AC) 25.1529-
1A.

(d) Subject

Joint Aircraft System Component (JASC) /Air Transport Asso ciation (ATA) of America Code 51, Standard Practices/Structures; 52 , Doors; 53, Fuselage structure; 54, Nacelle/Py lons; 55, Stabilizers; 56, Windows; and 57, Wings.

(e) Unsafe Condition

This AD was prompted by a re-evaluation of certai n doors and flaps based on their fatigue-critical nature. We are issuing this AD to detect and correc t fatigue cracking of the principal st ructural elements (PSEs), wh ich could adversely affect the structural integrit y of the airplane.

(f) Compliance

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

Restatement of Requirements AD 2003- 18-10, Amendment 39-13301 (68 FR 53503, September 11, 2003), With New Service Information

(g) Revise Section 9 of the Boeing 767 Maintenance Pl anning Data (MPD)
Document

For Model 767-200, -300, -300F, and -400ER series airplanes having line numbers 1 through 895 inclusive: Within 18 months afte r October 16, 2003 (the
effective date AD 2003-18- 10, (68 FR 53503, September 11, 2003)), revise Subsection B, Section 9, of Boeing 767 MP D Document D622T001-9, entitled "Airworthiness Limitations and Certificat ion Maintenance R equirements,'' to incorporate Revision October 2002; and Appendi x B of Boeing 767 MPD Document D622T001, Revisi on December 2002; or Subsec tion B, Airworthiness
Limitations-- Structural Limi tations, of Section 9, Airwor thiness Limitations (AWLs)
and Certification Ma intenance Requirements (CMRs), D622T001- 9, Revision July Pa g e 6 of 8 The Boein g Compan y Airplanes

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...2011, of the Boeing 767 MPD Document.

(h) Alternative Inspections and Inspection Intervals

Except as provided by parag raphs (i) and (k) of this AD : After the actions required by paragraph (g) of this AD have been accomp lished, no alternative inspections or inspection intervals shall be approved for the structural significant items (SSIs)
contained in Section 9 of Boeing 767 MPD Docume nt D622T001-9, Revision
October 2002.

New Requirements of This AD

(i) Maintenance Program Revision

Within 18 months after t he effective date of this AD, revise the maintenance program to incorporate the limitations section in Su bsection B, Airworthiness Limitations--Structural Inspections, of Sect ion 9, Airworthiness Limitations (AWLs)
and Certification Ma intenance Requirements (CMRs), D622T001-9, Revision July 2011, of the Boei ng 767 MPD Document. Doing th is revision terminates the requirements of paragra ph (g) of this AD.

Note 2: For the purposes of this AD, the terms principa l structural elements (PSEs) as used in this AD, and SSIs as used in Subsection B, Airworthiness Limitations--Structural Inspections, of Sect ion 9, Airworthiness Limitations (AWLs)
and Certification Ma intenance Requirements (CMRs), D622T001-9, Revision July 2011, of the Boeing 767 MPD Document, are consider ed to be interchangeable.

(j) Alternative Inspections and Inspection Intervals

Except as provided by parag raph (k) of this AD: Afte r the actions required by paragraph (i) of this AD ha ve been accomplish ed, no alternative inspections or inspection intervals shall be approved for the SSIs cont ained in Subsection B,
Airworthiness Limitations-- Structural Inspections, of Section 9, Airworthiness Limitations (AWLs) and Certificatio n Maintenance Requirements (CMRs), D622T001- 9, Revision July 2011, of the Boeing 767 MPD Document.

(k) Alternative Methods of Compliance (AMOCs)

(1) The Manager, Seattle Aircraft Certific ation Office (ACO), ANM-120S, 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 t he ACO, send it to the attention of the person identified in t he Related Information secti on of this AD. Information may be emailed to: 9-ANM-Seattle-ACO-AM OC-Requests@faa.gov.

(2) Before using any approv ed AMOC, notify your appropriate principal inspector, or lacking a principal inspec tor, the manager of the local flight standards district office/certificate hold ing district office.

(3) An AMOC that pr ovides an acceptable level of safety may be used for any Pa g e 7 of 8 The Boein g Compan y Airplanes

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...repair required by this AD if it is approved by the Boeing Commercial Airplanes Organization Designation Aut horization (ODA) that has been authorized by the Manager, Seattle Aircraft Cert ification Office (ACO) to make those findings. For a repair method to be app roved, the repair must meet t he certification basis of the airplane and 14 CFR 25.571, Amendment 45, and th e approval must specifically
refer to this AD.

(l) Related Information

(1) For more information about this AD, contact Be rhane Alazar, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircra ft Certification Office, 1601 Lind Avenue SW., Rent on, Washington 98057-3356; phone: 425-917-6577; fax: 425-917-6590; email: berhane.alazar@faa.gov.

(2) For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P. O. Box 3707, MC 2H-65, Seattle, Washingt on 98124-2207; telephone 206-544-500 0, extension 1; fax 206- 766-5680; email me.boecom @boeing.com; Internet https://www.my boeingfleet.com . You may review copies of the referenced service information at the FAA, Tr ansport Airplane Director ate, 1601 Lind Avenue SW., Renton, Washington. For informat ion on the availability of this material at the FAA,
call 425-227-1221.

Footer Information Issued in Renton, Washingt on, on Februa ry 9, 2012. Ali Bahrami, Manager, Transport Airplane Direct orate, Aircraft Certification
Service. [FR Doc. 2012-4161 Fil ed 2-21-12; 8:45 am]
BILLING CODE 4910-13-P

Comments

Not Applicable

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