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[Federal Register: August 11, 2010 (Volume 75, Number 154)]
[Proposed Rules]               
[Page 48623-48625]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11au10-22]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0796; Directorate Identifier 2010-NM-007-AD]
RIN 2120-AA64

 
Airworthiness Directives; The Boeing Company Model 767-300 Series 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain Model 767-300 series airplanes. This proposed AD would require 
repetitive inspections for cracks in the fuselage skin and backup 
structure at the lower very high frequency (VHF) antenna cutout at 
station 1197 + 99 between stringers 39L and 39R, and corrective actions 
if necessary. Certain repairs would terminate certain inspection 
requirements. This proposed AD results from reports of cracking found 
in the section 46 fuselage lower skin around the periphery of the VHF 
antenna baseplate at station 1197 + 99. We are proposing this AD to 
detect and correct fatigue cracks in the fuselage skin and internal 
backup structure, which could result in rapid decompression of the 
airplane.

DATES: We must receive comments on this proposed AD by September 27, 
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.

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, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office 
(ACO), 1601 Lind Avenue, SW., Renton,

[[Page 48624]]

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-2010-0796; 
Directorate Identifier 2010-NM-007-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

    We have been advised that two operators reported cracks found in 
the section 46 fuselage lower skin around the periphery of the VHF 
antenna baseplate at station 1197 + 99. One operator reported 5 cracks, 
with a maximum length of 11 inches, found on an airplane that had 
accumulated 38,804 total flight hours and 34,929 total flight cycles. 
Another operator reported a maximum crack length of 9.5 inches found on 
an airplane that had accumulated 60,467 total flight hours and 29,185 
total flight cycles. Boeing investigation has revealed that the 
fuselage skin and internal backup structural cracks are attributed to 
fatigue. This fatigue is the result of bending loads in the skin caused 
by vibration of the antenna in flight. No operator reported crack 
findings for the backup structure. Fatigue cracks in the fuselage skin 
and internal backup structure, if not corrected, could result in rapid 
decompression of the airplane.

Relevant Service Information

    We have reviewed Boeing Special Attention Service Bulletin 767-53-
0207, dated December 17, 2009. The service bulletin describes 
procedures for repetitive inspections for cracks in the fuselage skin 
and backup structure at the lower VHF antenna cutout at station 1197 + 
99, between stringers 39L and 39R. The inspections include an external 
detailed inspection of the fuselage skin at the lower aft VHF antenna 
cutout, and an internal detailed inspection of the backup structure.
    Corrective actions include repairing fuselage skin cracks, which 
would eliminate the need to repeat the external detailed inspection; 
and repairing or replacing cracked backup structure parts.
    In the service bulletin, the compliance time for the external 
detailed inspection is before the accumulation of 25,000 total flight 
cycles, or within 3,000 flight cycles after the date on the service 
bulletin, whichever occurs later. The compliance time for the internal 
detailed inspection is before the accumulation of 25,000 total flight 
cycles, or within 3,000 flight cycles after the date on the service 
bulletin, whichever occurs later; or the inspection may be deferred for 
an additional 6,000 flight cycles if no fuselage skin cracks are found 
during the external detailed inspection.

FAA's Determination and Requirements of This Proposed AD

    We are proposing this AD because we evaluated all relevant 
information and determined that the unsafe condition described 
previously is likely to exist or develop in other products of the same 
type design. This proposed AD would require accomplishing the actions 
specified in the service information described previously.

Costs of Compliance

    We estimate that this proposed AD would affect 93 airplanes of U.S. 
registry. 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 U.S.-
                               Action                                   Work hours     Average labor       Cost per        registered       Fleet cost
                                                                                       rate per hour       product         airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspections........................................................               3              $85             $255               93          $23,715
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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 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. 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.
    You can find our regulatory evaluation and the estimated costs of 
compliance in the AD Docket.

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:

[[Page 48625]]

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 adding the following new AD:

The Boeing Company: Docket No. FAA-2010-0796; Directorate Identifier 
2010-NM-007-AD.

Comments Due Date

    (a) We must receive comments by September 27, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to The Boeing Company Model 767-300 series 
airplanes, certificated in any category, as identified in Boeing 
Special Attention Service Bulletin 767-53-0207, dated December 17, 
2009.

Subject

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

Unsafe Condition

    (e) This AD results from reports of cracking found in the 
section 46 fuselage lower skin around the periphery of the very high 
frequency (VHF) antenna baseplate at station 1197 + 99. The Federal 
Aviation Administration is issuing this AD to detect and correct 
fatigue cracks in the fuselage skin and internal backup structure, 
which could result in rapid decompression of the airplane.

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Inspections

    (g) Inspect for cracks in the fuselage skin and backup structure 
at the lower VHF antenna cutout at station 1197 + 99, between 
stringers 39L and 39R, by doing an external detailed inspection, 
with the antenna removed, of the fuselage structure at the lower aft 
VHF antenna cutout, and an internal detailed inspection of the 
backup structure. Do the inspections in accordance with the 
Accomplishment Instructions of Boeing Special Attention Service 
Bulletin 767-53-0207, dated December 17, 2009 (``the service 
bulletin''). Do the inspections at the applicable time specified in 
paragraph 1.E., ``Compliance,'' of the service bulletin, except, 
where the service bulletin specifies a compliance after the date on 
the service bulletin, this AD requires compliance within the 
specified time after the effective date of this AD.
    (1) If no crack is found, repeat the external detailed 
inspection, without removing the antenna, at intervals not to exceed 
3,000 flight cycles.
    (2) If any crack is found in the fuselage, repair before further 
flight, in accordance with the service bulletin. Accomplishment of 
this repair terminates the repetitive external detailed inspections 
of the fuselage skin required by this AD.
    (3) If any crack is found in the backup structure, before 
further flight, repair or replace the cracked part(s), in accordance 
with the service bulletin.

Alternative Methods of Compliance (AMOCs)

    (h)(1) The Manager, Seattle Aircraft Certification Office (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, Aerospace Engineer, Airframe Branch, ANM-120S, 
FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue, 
SW., Renton, Washington 98057-3356; telephone 425-917-6577; fax 425-
917-6590. Information may be e-mailed 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 refer to 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.

    Issued in Renton, Washington, on August 4, 2010.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-19832 Filed 8-10-10; 8:45 am]
BILLING CODE 4910-13-P
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