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[Federal Register Volume 77, Number 35 (Wednesday, February 22, 2012)]
[Proposed Rules]
[Pages 10403-10406]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-4161]

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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; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede an existing airworthiness directive 
(AD) that applies to certain The Boeing Company Model 767 airplanes. 
The existing AD currently requires revising the Airworthiness 
Limitations Section of the maintenance planning data (MPD) document. 
Since we issued that AD, a re-evaluation 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 the applicability. We are proposing this AD 
to detect and correct fatigue cracking of the principal structural 
element (PSEs), which could adversely affect the structural integrity 
of the airplane.

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

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, 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.

[[Page 10404]]

    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; email 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 (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; email: berhane.alazar@faa.gov.

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-2012-0145; 
Directorate Identifier 2011-NM-066-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 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 requires 
revising Subsection B, Section 9, of Boeing 767 Maintenance Planning 
Data (MPD) Document D622T001-9, titled ``Airworthiness Limitations 
(AWLs) and Certification Maintenance Requirements (CMRs),'' to 
incorporate Revision October 2002; and Appendix B of Boeing 767 MPD 
Document D622T001, Revision December 2002. That AD resulted from 
analysis of data that identified specific initial inspection thresholds 
and repetitive inspection intervals for certain principal structural 
elements (PSEs) to be added to the airworthiness limitation 
instructions (ALI). We issued that AD to ensure that fatigue cracking 
of various PSEs is detected and corrected; such fatigue cracking could 
adversely affect the structural integrity of these airplanes.

Actions Since Existing AD Was Issued

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

Relevant Service Information

    We reviewed Subsection B, Airworthiness Limitations--Structural 
Inspections, of Section 9, Airworthiness Limitations (AWLs) and 
Certification Maintenance Requirements (CMRs), D622T001-9, Revision 
July 2011, of the Boeing 767 Maintenance Planning Data (MPD) Document. 
This service information describes procedures for an additional 
critical fatigue inspection.

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 the same type design.

Proposed AD Requirements

    This proposed AD would retain certain requirements of AD 2003-18-10 
(68 FR 53503, September 11, 2003). This proposed AD would revise the 
Airworthiness Limitations Section of the Maintenance Planning Data 
(MPD) Document 767 Airworthiness Limitations Instructions (ALI) which 
adds a critical fatigue inspection and revises the applicability to 
include additional airplane line numbers.

Change to Existing AD

    This proposed AD would retain certain 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 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
------------------------------------------------------------------------
Requirement in AD 2003-18-10 (68 FR   Corresponding requirement in this
     53503, September 11, 2003)                  proposed AD
------------------------------------------------------------------------
           paragraph (c)                        paragraph (g)
           paragraph (d)                        paragraph (h)
------------------------------------------------------------------------

Costs of Compliance

    We estimate that this proposed AD affects 417 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
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Revise airworthiness limitations      1 work-hour x $85 per                 $0              $85          $35,445
 [retained actions from existing AD    hour = $85.
 2003-18-10 (68 FR 53503, September
 11, 2003)].
Revise airworthiness limitations      1 work-hour x $85 per                  0               85           35,445
 [new requirements].                   hour = $85.
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[[Page 10405]]

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) 2003-18-10, Amendment 39-13301 (68 FR 53503, September 11, 2003), 
and adding the following new AD:

The Boeing Company: Docket No. FAA-2012-0145; Directorate 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 2003-18-10, Amendment 39-13301 (68 FR 
53503, September 11, 2003).

(c) Applicability

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

    Note 1:  This AD requires revisions to certain operator 
maintenance 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 addressed by these inspections, the operator may not be able 
to accomplish the inspections described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must 
request approval for an alternative method of compliance according 
to paragraph (k) of this AD. The request should include a 
description of changes to the required inspections that will ensure 
the continued damage tolerance of the affected structure. The FAA 
has provided guidance for this determination in Advisory Circular 
(AC) 25.1529-1A.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a re-evaluation of certain doors and 
flaps based on their fatigue-critical nature. We are issuing this AD 
to detect and correct fatigue cracking of the principal structural 
elements (PSEs), which could adversely affect the structural 
integrity of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
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 Planning Data (MPD) 
Document

    For Model 767-200, -300, -300F, and -400ER series airplanes 
having line numbers 1 through 895 inclusive: Within 18 months after 
October 16, 2003 (the effective date AD 2003-18-10, (68 FR 53503, 
September 11, 2003)), revise Subsection B, Section 9, of Boeing 767 
MPD Document D622T001-9, entitled ``Airworthiness Limitations and 
Certification Maintenance Requirements,'' to incorporate Revision 
October 2002; and Appendix B of Boeing 767 MPD Document D622T001, 
Revision December 2002; or Subsection B, Airworthiness Limitations--
Structural Limitations, of Section 9, Airworthiness Limitations 
(AWLs) and Certification Maintenance Requirements (CMRs), D622T001-
9, Revision July 2011, of the Boeing 767 MPD Document.

(h) Alternative Inspections and Inspection Intervals

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

New Requirements of This AD

(i) Maintenance Program Revision

    Within 18 months after the effective date of this AD, revise the 
maintenance program to incorporate the limitations section in 
Subsection B, Airworthiness Limitations--Structural Inspections, of 
Section 9, Airworthiness Limitations (AWLs) and Certification 
Maintenance Requirements (CMRs), D622T001-9, Revision July 2011, of 
the Boeing 767 MPD Document. Doing this revision terminates the 
requirements of paragraph (g) of this AD.

    Note 2:  For the purposes of this AD, the terms principal 
structural elements (PSEs) as used in this AD, and SSIs as used in 
Subsection B, Airworthiness Limitations--Structural Inspections, of 
Section 9, Airworthiness Limitations (AWLs) and Certification 
Maintenance Requirements (CMRs), D622T001-9, Revision July 2011, of 
the Boeing 767 MPD Document, are considered to be interchangeable.

(j) Alternative Inspections and Inspection Intervals

    Except as provided by paragraph (k) of this AD: After the 
actions required by paragraph (i) of this AD have been accomplished, 
no alternative inspections or inspection intervals shall be approved 
for the SSIs contained in Subsection B, Airworthiness Limitations--
Structural Inspections, of Section 9, Airworthiness Limitations 
(AWLs) and Certification 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 Certification 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

[[Page 10406]]

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 emailed to: 9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.
    (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 Aircraft 
Certification Office (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.

(l) Related Information

    (1) For more information about this AD, 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; 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, Washington 98124-2207; telephone 
206-544-5000, extension 1; fax 206-766-5680; email 
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.

    Issued in Renton, Washington, on February 9, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-4161 Filed 2-21-12; 8:45 am]
BILLING CODE 4910-13-P
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