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[Federal Register Volume 77, Number 27 (Thursday, February 9, 2012)]
[Proposed Rules]
[Pages 6685-6688]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2976]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 77, No. 27 / Thursday, February 9, 2012 / 
Proposed Rules

[[Page 6685]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0108; Directorate Identifier 2011-NM-049-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company 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 certain The Boeing Company Model 767 airplanes. 
The existing AD currently requires an inspection to detect cracks and 
fractures of the outboard hinge fitting assemblies on the trailing edge 
of the inboard main flap, and follow-on and corrective actions if 
necessary. For certain airplanes, the existing AD also requires a one-
time inspection to determine if a tool runout option has been performed 
in the area. Since we issued that AD, we have received reports of hinge 
assembly fractures found before the currently-required inspection cycle 
compliance times on certain airplanes. This proposed AD reduces 
compliance times for Model 767-400ER series airplanes. In addition, 
this proposed AD would revise the applicability to include an 
additional airplane. We are proposing this AD to prevent the inboard 
aft flap from separating from the wing and potentially striking the 
airplane, which could result in damage to the surrounding structure and 
potential personal injury.

DATES: We must receive comments on this proposed AD by March 26, 2012.

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; 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-2012-0108; 
Directorate Identifier 2011-NM-049-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 June 16, 2003, we issued AD 2003-13-01, Amendment 39-13201 (68 
FR 37402, June 24, 2003), for certain Model 767 airplanes. That AD 
requires an inspection to detect cracks and fractures of the outboard 
hinge fitting assemblies on the trailing edge of the inboard main flap, 
and follow-on and corrective actions if necessary. For certain 
airplanes, that AD also requires a one-time inspection to determine if 
a tool runout option has been performed in the area. That AD resulted 
from a report indicating that, during a routine maintenance inspection, 
fractured lugs were found on both hinge fittings of the outboard hinge 
assembly mounted to the inboard main flap on a Boeing Model 767-300 
series airplane. We issued that AD to prevent the inboard aft flap from 
separating from the wing and potentially striking the airplane, which 
could result in damage to the surrounding structure and potential 
personal injury.

Actions Since Existing AD Was Issued

    Since we issued AD 2003-13-01, Amendment 39-13201 (68 FR 37402, 
June 24, 2003), we have determined that, due to hinge assembly 
fractures found before the currently-required inspection cycle 
compliance times on certain airplanes affected by that AD, compliance 
times need to be reduced for the initial and repetitive inspections for 
Model 767-400ER series airplanes.
    In addition, we have determined that the airplane having line 
number 877 was inadvertently omitted from the applicability of AD 2003-
13-01, Amendment 39-13201 (68 FR 37402, June 24, 2003).

Relevant Service Information

    AD 2003-13-01, Amendment 39-13201 (68 FR 37402, June 24, 2003), 
referred to Boeing Alert Service Bulletin 767-57A0079, dated June 20, 
2002, as

[[Page 6686]]

the appropriate source of service information for inspections and 
terminating actions for Model 767-400ER series airplanes. Boeing has 
since revised this service bulletin. We reviewed Boeing Alert Service 
Bulletin 767-57A0079, Revision 1, dated May 6, 2010. This service 
bulletin reduces the initial compliance time and repetitive intervals 
for inspections of the outboard hinge fitting assemblies on the 
trailing edge of the inboard main flap for Model 767-400ER series 
airplanes.

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 2003-13-
01, Amendment 39-13201 (68 FR 37402, June 24, 2003). This proposed AD 
would reduce the compliance times for Model 767-400ER series airplanes. 
In addition, this proposed AD would revise the applicability to include 
an additional airplane.

Changes to Existing AD

    This proposed AD would retain certain requirements of AD 2003-13-
01, Amendment 39-13201 (68 FR 37402, June 24, 2003). Since AD 2003-13-
01 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 2003-13-01
   Amendment 39[dash]13201 (68 FR     Corresponding requirement in this
       37402, June 24, 2003)                     proposed AD
------------------------------------------------------------------------
paragraph (a)                        paragraph (g)
paragraph (b)                        paragraph (h)
paragraph (c)                        paragraph (i)(1)
paragraph (d)                        paragraph (i)(2)
paragraph (f)                        paragraph (j)
paragraph (g)                        paragraph (l)
paragraph (h)                        paragraph (k)
------------------------------------------------------------------------

    Because there is no longer a need for inspection results, this 
proposed AD would also remove the reporting requirement from AD 2003-
13-01, Amendment 39-13201 (68 FR 37402, June 24, 2003).

Costs of Compliance

    We estimate that this proposed AD affects 38 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
----------------------------------------------------------------------------------------------------------------
Detailed inspection [retained     2 work-hours x $85 per             $0  $170 per inspection  $6,460 per
 from AD 2003-13-01, Amendment     hour = $170 per                        cycle.               inspection cycle.
 39-13201 (68 FR 37402, June 24,   inspection cycle.
 2003)].
Detailed and eddy current         5 work hours x $85 per              0  $425 per inspection  $16,150 per
 inspections [retained from AD     hour = $425 per                        cycle.               inspection cycle.
 2003-13-01, Amendment 39-13201    inspection cycle.
 (68 FR 37402, June 24, 2003)].
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary 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 replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                      Cost per
                    Action                                   Labor cost                Parts cost      product
----------------------------------------------------------------------------------------------------------------
Replacement [retained from AD 2003-13-01,      24 work hours x $85 per hour = $2,040      $45,400       $47,440
 Amendment 39-13201 (68 FR 37402, June 24,
 2003)].
----------------------------------------------------------------------------------------------------------------

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.

[[Page 6687]]

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) 2003-13-01, Amendment 39-13201 (68 FR 37402, June 24, 2003), and 
adding the following new AD:

The Boeing Company: Docket No. FAA-2012-0108; Directorate Identifier 
2011-NM-049-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by March 26, 
2012.

(b) Affected ADs

    This AD supersedes AD 2003-13-01, Amendment 39-13201 (68 FR 
37402, June 24, 2003).

(c) Applicability

    The Boeing Company Model 767-200, -300, and -300F series 
airplanes, as specified in Boeing Service Bulletin 767-57A0076, 
Revision 1, dated March 29, 2001; and Model 767-400ER series 
airplanes, as specified in Boeing Alert Service Bulletin 767-
57A0079, Revision 1, dated May 6, 2010; certificated in any 
category.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by reports of hinge assembly fractures 
found before the currently-required inspection cycle compliance 
times on certain airplanes. We are issuing this AD to prevent the 
inboard aft flap from separating from the wing and potentially 
striking the airplane, which could result in damage to the 
surrounding structure and potential personal injury.

(f) Compliance

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

Restatement of Certain Requirements of AD 2003-13-01, Amendment 39-
13201 (68 FR 37402, June 24, 2003), With Revised Service Information

(g) Inspection

    Perform either a detailed inspection, or a detailed inspection 
plus an eddy current inspection, of the outboard hinge fitting 
assemblies on the trailing edge of the inboard main flap to detect 
cracks and fractures and evidence of a tool runout option, as 
applicable. For the purposes of this AD, a detailed inspection is 
defined as: ``An intensive visual examination of a specific 
structural area, system, installation, or assembly to detect damage, 
failure, or irregularity. Available lighting is normally 
supplemented with a direct source of good lighting at intensity 
deemed appropriate by the inspector. Inspection aids such as mirror, 
magnifying lenses, etc., may be used. Surface cleaning and elaborate 
access procedures may be required.''
    (1) For Model 767-200, -300, and -300F series airplanes 
identified in Boeing Service Bulletin 767-57A0076, Revision 1, dated 
March 29, 2001: Inspect before the airplane accumulates 2,700 total 
flight cycles, or within 90 days after July 29, 2003 (the effective 
date of AD 2003-13-01, Amendment 39-13201 (68 FR 37402, June 24, 
2003)), whichever occurs later, in accordance with Boeing Service 
Bulletin 767-57A0076, Revision 1, dated March 29, 2001.
    (2) For Model 767-400ER series airplanes identified in Boeing 
Alert Service Bulletin 767-57A0079, dated June 20, 2002: Inspect 
before the airplane accumulates 12,000 total flight cycles, except 
as required by paragraph (m) of this AD, in accordance with Boeing 
Alert Service Bulletin 767-57A0079, dated June 20, 2002; or Revision 
1, dated May 6, 2010. As of the effective date of this AD, only 
Revision 1 may be used.

(h) Follow-on/Corrective Actions

    Following the initial inspections required by paragraph (g) of 
this AD: Perform applicable follow-on and corrective actions at the 
times specified in Figure 1 of Boeing Service Bulletin 767-57A0076, 
Revision 1, dated March 29, 2001 (for Model 767-200, -300, and -300F 
series airplanes); or Boeing Alert Service Bulletin 767-57A0079, 
dated June 20, 2002, or Boeing Alert Service Bulletin 767-57A0079, 
Revision 1, dated May 6, 2010 (for Model 767-400ER series 
airplanes); until the inspection required by paragraph (n) of this 
AD is accomplished. After the effective date of this AD, only Boeing 
Alert Service Bulletin 767-57A0079, Revision 1, dated May 6, 2010, 
may be used for Model 767-400ER series airplanes. Do the follow-on 
and corrective actions (including repetitive inspections and 
replacement of the fittings with new fittings), in accordance with 
Part 1 or Part 2 of Boeing Service Bulletin 767-57A0076, Revision 1, 
dated March 29, 2001 (for Model 767-200, -300, and -300F series 
airplanes); or Boeing Alert Service Bulletin 767-57A0079, dated June 
20, 2002, or Boeing Alert Service Bulletin 767-57A0079, Revision 1, 
dated May 6, 2010 (for Model 767-400ER series airplanes); except as 
required by paragraph (i)(2) of this AD. After the effective date of 
this AD, only Boeing Alert Service Bulletin 767-57A0079, Revision 1, 
dated May 6, 2010, may be used for Model 767-400ER series airplanes. 
For Model 767-200, -300, and -300F series airplanes: If the fitting 
has the tool runout, and no cracking or fracture is found during the 
inspection, this AD requires no further action for that hinge 
fitting.

(i) Exceptions to Service Bulletin Procedures

    For this AD, the following exceptions apply:
    (1) Where the terminating action in Part 3 of Boeing Service 
Bulletin 767-57A0076, Revision 1, dated March 29, 2001; and Boeing 
Alert Service Bulletin 767-57A0079, dated June 20, 2002, and 
Revision 1, dated May 6, 2010; is specified as corrective action: 
This AD requires that the terminating action, if required, be 
accomplished before further flight.
    (2) Boeing Service Bulletin 767-57A0076, Revision 1, dated March 
29, 2001, specifies to contact Boeing before the terminating action 
is done as corrective action for any cracking or fracture found on a 
Model 767-200, -300, or -300F series airplane with the tool runout. 
This AD requires that any such crack or fracture on those airplanes 
be repaired in accordance with Part 3 of Boeing Service Bulletin 
767-57A0076, Revision 1, dated March 29, 2001. This AD does not 
require a report.

(j) Optional Terminating Action

    Unless required to do so by paragraph (h) of this AD: Operators 
may choose to accomplish the terminating action (including 
replacement of the fittings with new fittings, and reinstallation of 
existing upper skin access panels and fairing midsections on the 
trailing edge of the main flap) in accordance with Part 3 of the 
Work Instructions of Boeing Service Bulletin 767-57A0076, Revision 
1, dated March 29, 2001; or Boeing Alert Service Bulletin 767-
57A0079, dated June 20, 2002, or Boeing Alert Service Bulletin 767-
57A0079, Revision 1, dated May 6, 2010; as applicable. After the 
effective date of this AD, only Boeing Alert Service Bulletin 767-
57A0079, Revision 1, dated May 6, 2010, may be used for Model 767-
400ER series airplanes. Accomplishment of the terminating action 
terminates the repetitive inspection requirements of paragraph (h) 
of this AD.

(k) Part Installation

    As of July 29, 2003, no person may install on any airplane 
identified in Boeing Service Bulletin 767-57A0076, dated October 26, 
2000; and Boeing Alert Service Bulletin 767-57A0079, dated June 20, 
2002; a hinge fitting assembly that has any part number listed in 
table 1 of this AD, unless the applicable requirements of this AD 
have been accomplished for that fitting. As of the effective date of 
this AD, no person may install on any airplane identified in 
paragraph (c) of this AD, a hinge fitting assembly that has any part 
number listed in table 1 of this AD, unless the applicable 
requirements of this AD have been accomplished for that fitting.

[[Page 6688]]

              Table 1--Hinge Fitting Assembly Part Numbers
------------------------------------------------------------------------
 
------------------------------------------------------------------------
113T2271-13                          113T2271-14
113T2271-23                          113T2271-24
113T2271-29                          113T2271-30
113T2271-33                          113T2271-34
113T2271-401                         113T2271-402
------------------------------------------------------------------------

(l) Credit for Actions Accomplished in Accordance With Previous Service 
Information

    Actions done before July 29, 2003, in accordance with Boeing 
Alert Service Bulletin 767-57A0076, dated October 26, 2000, are 
acceptable for compliance with the corresponding requirements of 
paragraphs (g), (h), (j), and (k) of this AD.

New Requirements of This AD

(m) Initial Inspection

    For Model 767-400ER airplanes identified in Boeing Alert Service 
Bulletin 767-57A0079, Revision 1, dated May 6, 2010, on which the 
inspection required in paragraph (g) of this AD has not been done as 
of the effective date of this AD: Before the accumulation of 6,000 
total flight cycles, or within 750 flight cycles after the effective 
date of this AD, whichever occurs later, perform either a detailed 
inspection or a detailed inspection plus an eddy current inspection 
to detect cracks or fractures of the outboard hinge fitting 
assemblies on the trailing edge of the inboard main flap, in 
accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin 767-57A0079, Revision 1, dated May 6, 2010. 
Accomplishment of this inspection terminates the inspection 
requirement of paragraph (g)(2) of this AD.

(n) Repetitive Inspections

    For Model 767-400ER airplanes: Repeat either inspection 
specified in paragraph (h) or (m) of this AD, as applicable, at the 
time specified in paragraph (n)(1) or (n)(2) of this AD, as 
applicable, in accordance with the Accomplishment Instructions of 
Boeing Alert Service Bulletin 767-57A0079, Revision 1, dated May 6, 
2010.
    (1) If the most recent inspection was a detailed inspection, 
repeat at intervals not to exceed 300 flight cycles after doing the 
detailed inspection.
    (2) If the most recent inspections were a detailed inspection 
and an eddy current inspection, repeat at intervals not to exceed 
750 flight cycles after doing the detailed inspection and eddy 
current inspection.

(o) Optional Terminating Action

    For Model 767-400ER airplanes: Replacing the fittings with new 
fittings, in accordance with Part 3 of the Work Instructions of 
Boeing Alert Service Bulletin 767-57A0079, dated June 20, 2002; or 
Revision 1, dated May 6, 2010; terminates the repetitive inspections 
required by paragraphs (h) and (n) of this AD.

(p) Credit for Actions Accomplished in Accordance with Previous Service 
Information

    Actions done before the effective date of this AD in accordance 
with Part 3 of the Work Instructions of Boeing Alert Service 
Bulletin 767-57A0079, dated June 20, 2002, are acceptable for 
compliance with the requirements of paragraph (h) and (n) of this 
AD.

(q) Alternative Methods of Compliance (AMOCs)

    (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. 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 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.

(r) 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 January 27, 2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-2976 Filed 2-8-12; 8:45 am]
BILLING CODE 4910-13-P
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