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[Federal Register Volume 76, Number 243 (Monday, December 19, 2011)]
[Proposed Rules]
[Pages 78574-78576]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32387]

========================================================================
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. 76, No. 243 / Monday, December 19, 2011 / 
Proposed Rules

[[Page 78574]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1322; Directorate Identifier 2011-NM-211-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 adopt a new airworthiness directive (AD) for all 
The Boeing Company Model 767 airplanes. This proposed AD was prompted 
by reports of cracks of the underwing longeron fittings in the wing 
center section which could result in loss of the primary load path 
between the fuselage and the wing box, and consequent catastrophic 
damage to the wing box and failure of the wing. This proposed AD would 
require repetitive high frequency eddy current (HFEC) inspections of 
the underwing longeron fitting for cracking, and related investigative 
and corrective actions if necessary. We are proposing this AD to detect 
and correct the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by February 2, 
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.
    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; 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 
(ACO), 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 proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2011-1322; 
Directorate Identifier 2011-NM-211-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 received three reports of cracks of the underwing longeron 
fittings in the wing center section. One operator reported finding 
cracks in the underwing longeron fittings of the left and right wing 
center section. The cracks found were in the same location on both 
fittings and appeared to run through the entire thickness of the 
forward edge of the fitting at the radius corner of the vertical/
horizontal flange. The lengths of cracks were approximately 0.300 to 
0.375 inch long. The airplane had accumulated 37,000 total flight 
cycles. Similar cracks were found on a fatigue test airplane at these 
locations. Boeing estimates that it would take 25,000 flight cycles for 
the cracks to grow from 0.375 inch to 1.8 inches. Another operator 
reported finding a crack in the underwing longeron fitting of the left 
wing center section during normal maintenance. The crack was 
approximately one inch long and started from the radius of the fitting 
flange. The airplane had accumulated 16,655 total flight cycles.
    Such cracking, if not detected and corrected, could result in loss 
of the primary load path between the fuselage and the wing box, and 
consequent catastrophic damage to the wing box and failure of the wing.

Relevant Service Information

    We reviewed Boeing Alert Service Bulletin 767-57A0126, dated August 
12, 2011. This service information describes procedures for repetitive 
HFEC inspections to detect cracking of the underwing longeron fitting, 
and related investigative and corrective actions if necessary. The 
related investigative action is an HFEC inspection to detect cracking 
of the tension bolt hole and the front spar lower chord. The corrective 
actions include replacing the underwing longeron fitting, and 
contacting The Boeing Company for repair instructions and doing the 
repair.
    The compliance times are dependent on the total number of flight 
hours and flight cycles accumulated on the airplane. For certain 
airplanes, the initial compliance time is within 3,000 flight cycles or 
7,000 flight hours

[[Page 78575]]

(whichever is first) after the date of the service bulletin. For other 
airplanes, the initial compliance time is the later of: (1) Before 
16,000 total flight cycles or 35,000 total flight hours (whichever is 
first), and (2) within 6,000 flight cycles or 14,000 flight hours 
(whichever is first) after the date of the service bulletin.
    The repetitive inspection interval is 12,000 flight cycles or 
28,000 flight hours (whichever is first). The first repetitive 
inspection for airplanes on which the underwing longeron fitting is 
replaced is 16,000 flight cycles or 35,000 flight hours (whichever is 
first) after replacement.
    We have also reviewed Boeing Service Bulletin 767-57A0126, Revision 
1, dated November 9, 2011 (short form revision), which changes the part 
number of a certain washer.

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 require accomplishing the actions specified 
in 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

    Boeing Alert Service Bulletin 767-57A0126, dated August 12, 2011, 
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.

Interim Action

    We consider this proposed AD interim action. The design approval 
holder is currently developing a modification that will address the 
unsafe condition identified in this AD. Once this modification is 
developed, approved, and available, we might consider additional 
rulemaking.

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 on U.S.
             Action                      Labor cost          Parts cost    Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Repetitive HFEC inspection......  3 work-hours x $85 per             $0  $255 per inspection  $106,335 per
                                   hour = $255 per                        cycle.               inspection cycle.
                                   inspection cycle.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary inspections and 
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 on-condition actions.

                                               On-condition Costs
----------------------------------------------------------------------------------------------------------------
               Action                         Labor cost                Parts cost           Cost per product
----------------------------------------------------------------------------------------------------------------
Tension bolt hole and the front      104 work-hours x $85 per     Up to $11,551.........  Up to $20,391.
 spar lower chord HFEC inspection     hour = $8,840.
 and fitting replacement.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide 
cost estimates for cracking repairs specified in this proposed AD.

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),
    (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.

[[Page 78576]]

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 adding the following new 
airworthiness directive (AD):

The Boeing Company: Docket No. FAA-2011-1322; Directorate Identifier 
2011-NM-211-AD.

(a) Comments Due Date

    We must receive comments by February 2, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 767-200, -300, -
300F, and -400ER series airplanes; 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 cracks of the underwing 
longeron fittings in the wing center section. We are issuing this AD 
to detect and correct such cracking, which could result in loss of 
the primary load path between the fuselage and the wing box, and 
consequent catastrophic damage to the wing box and failure of the 
wing.

(f) Compliance

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

(g) Inspections, Related Investigative Actions, and Corrective Actions

    Except as provided by paragraphs (h)(2) and (h)(3) of this AD, 
at the applicable time specified in paragraph 1.E., ``Compliance,'' 
of Boeing Alert Service Bulletin 767-57A0126, dated August 12, 2011: 
Do a high frequency eddy current (HFEC) inspection to detect 
cracking of the underwing longeron fitting; and do all applicable 
related investigative and corrective actions; in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin 767-
57A0126, dated August 12, 2011, as revised by Boeing Service 
Bulletin 767-57A0126, Revision 1, dated November 9, 2011 (short form 
revision), except as provided by paragraph (h)(1) of this AD. Do all 
applicable related investigative and corrective actions before 
further flight. Repeat the inspection of the underwing longeron 
fitting thereafter at the applicable time and intervals specified in 
paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin 
767-57A0126, dated August 12, 2011.

(h) Exceptions to Paragraph (g) of This AD

    (1) If, during accomplishment of the related investigative 
action required by this AD, any cracking is found, and Boeing Alert 
Service Bulletin 767-57A0126, dated August 12, 2011, specifies to 
contact Boeing for repair instructions: Before further flight, do 
the repair using a method approved in accordance with the procedures 
specified in paragraph (i) of this AD.
    (2) Where Paragraph 1.E., ``Compliance,'' of Boeing Alert 
Service Bulletin 767-57A0126, dated August 12, 2011, specifies a 
compliance time ``after the original issue date of this service 
bulletin,'' this AD requires compliance within the specified 
compliance time ``after the effective date of this AD.''
    (3) The Condition column of Paragraph 1.E., ``Compliance,'' of 
Boeing Alert Service Bulletin 767-57A0126, dated August 12, 2011, 
refers to total flight cycles and total flight hours ``as of the 
original issue date of this service bulletin.'' However, this AD 
applies to the airplanes with the specified total flight cycles or 
total flight hours ``as of the effective date of this AD.''

    Note 1: The service bulletin accomplishment instructions might 
refer to other procedures. When the words ``refer to'' are used and 
the operator has an accepted alternative procedure, the accepted 
alternative procedure can be used to comply with the AD. When the 
words ``in accordance with'' are included in the instruction, the 
procedure in the service bulletin must be used to comply with the 
AD.

(i) 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.
    (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.

(j) Related Information

    (1) For more information about this AD, contact Berhane Alazar, 
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft 
Certification Office (ACO), 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; phone: 
(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 December 9, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-32387 Filed 12-16-11; 8:45 am]
BILLING CODE 4910-13-P
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