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[Federal Register Volume 75, Number 67 (Thursday, April 8, 2010)]
[Proposed Rules]
[Pages 17887-17889]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7945]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0377; Directorate Identifier 2009-NM-246-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Model 767 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 airplanes. This proposed AD would require doing a 
detailed inspection for correct main track downstop assembly, thread 
protrusion, and damaged and missing parts of the main track downstop 
assemblies of the outboard slats, and related investigative and 
corrective actions if necessary. This proposed AD would also require 
doing a detailed inspection for foreign objects debris and damage to 
the wall of the track housing of the outboard slats, and corrective 
actions if necessary. This proposed AD results from reports of broken 
bolts in the outboard slat main track downstop assembly. We are 
proposing this AD to detect and correct incorrectly installed main 
track downstop assemblies, which can allow the main track downstop 
hardware to fall into the track housing and cause a puncture in the 
track housing when the slat is retracted. This condition, if not 
corrected, could result in a fuel leak and an increased risk of fire.

DATES: We must receive comments on this proposed AD by May 24, 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.

[[Page 17888]]

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, 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-2010-0377; 
Directorate Identifier 2009-NM-246-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 two reports of broken bolts on the main track 
downstop assembly of the outboard slat. In one case, the broken bolt 
was found at the bottom of the track housing. The main track downstop 
assembly was found to have had only one of the two required spacers 
installed, which allowed the bolt to slide and contact the wing spar 
web cutout. This contact fractured the bolt and scratched the wing spar 
web cutout. In the second case the bolt was found fractured at the 
thread. The bolt, spacers, and nut were found at the bottom of the 
track housing, and no damage was found on the wing spar web cutout or 
the track housing. An incorrectly installed main track downstop 
assembly can allow the main track downstop hardware to fall into the 
track housing, which could cause a puncture in the track housing when 
the slat is retracted. This condition, if not corrected, could result 
in a fuel leak and an increased risk of fire.

Relevant Service Information

    We have reviewed Boeing Special Attention Service Bulletin 767-57-
0118, dated October 8, 2009. The service bulletin describes procedures 
for doing a detailed inspection of the main track downstop assemblies 
of the outboard slats number 1 through 5 and 8 through 12 for correct 
assembly, thread protrusion, and damaged or missing parts to make sure 
that the bolt, nut, and two spacers are in place and correctly 
installed, and doing related investigative and corrective actions if 
necessary. The related investigative actions include doing a detailed 
inspection of the bolt and spacer for corrosion and damage, and 
inspecting for looseness of the bolt and nut by applying torque to the 
nut and bolt of the main track downstop assembly. The corrective 
actions include:
     Installing a bolt and spacer with a new nut (including 
applying torque to make sure that it has been correctly installed).
     Replacing a missing, corroded, or damaged spacer or bolt, 
and installing a new nut.
     Tightening the existing nut.
    Boeing Special Attention Service Bulletin 767-57-0118, dated 
October 8, 2009, also describes procedures for doing a detailed 
inspection for foreign objects debris and damage to the wall of the 
track housing of the outboard slats 1 through 5 and slats 8 through 12, 
and corrective actions if necessary. The corrective actions include:
     Removing foreign object debris.
     Repairing damage.
     Replacing the track housing or contacting Boeing for 
repair instructions and doing the repair.

FAA's Determination and Requirements of This Proposed AD

    We are proposing this AD because we evaluated all relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of these same type 
designs. 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 Service 
Bulletin.''

Differences Between the Proposed AD and Service Bulletin

    Boeing Special Attention Service Bulletin 767-57-0118, dated 
October 8, 2009, 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:
     Using 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.

Costs of Compliance

    We estimate that this proposed AD would affect 361 airplanes of 
U.S. registry. We also estimate that it would take about 8 work-hours 
per product to comply with this proposed AD. The average labor rate is 
$85 per work-hour. Required parts would cost $0 per product. Based on 
these figures, we estimate the cost of this proposed AD to the U.S. 
operators to be $245,480, or $680 per product.

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.

[[Page 17889]]

    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:

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-2010-0377; Directorate Identifier 
2009-NM-246-AD.

Comments Due Date

    (a) We must receive comments by May 24, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to The Boeing Company Model 767-200, -300, -
300F, and -400ER series airplanes, certificated in any category, as 
identified in Boeing Special Attention Service Bulletin 767-57-0118, 
dated October 8, 2009.

Subject

    (d) Air Transport Association (ATA) of America Code 57: Wings.

Unsafe Condition

    (e) This AD results from reports of broken bolts in the main 
track downstop assembly of the outboard slat. The Federal Aviation 
Administration is issuing this AD to detect and correct incorrectly 
installed main track downstop assemblies, which can allow the main 
track downstop hardware to fall into the track housing and cause a 
puncture in the track housing when the slat is retracted. This 
condition, if not corrected, could result in a fuel leak and an 
increased risk of fire.

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.

Inspection

    (g) Within 24 months after the effective date of this AD, do the 
actions specified in paragraphs (g)(1) and (g)(2) of this AD.
    (1) Do a detailed inspection for correct assembly, thread 
protrusion, and damaged and missing parts of the main track downstop 
assemblies of outboard slats 1 through 5 and slats 8 through 12, and 
do all applicable related investigative and corrective actions, in 
accordance with Part 2 of the Accomplishment Instructions of Boeing 
Special Attention Service Bulletin 767-57-0118, dated October 8, 
2009. Do all applicable related investigative and corrective actions 
before further flight.
    (2) Do a detailed inspection for foreign objects debris and 
damage to the wall of the track housing of the outboard slats 1 
through 5 and slats 8 through 12, and do all applicable corrective 
actions, in accordance with Part 3 of the Accomplishment 
Instructions of Boeing Special Attention Service Bulletin 767-57-
0118, dated October 8, 2009, except as required by paragraph (h) of 
this AD. Do all applicable corrective actions before further flight.

Exception to the Service Bulletin

    (h) If any damage is found during any inspection required by 
paragraph (g)(2) of this AD, and Boeing Special Attention Service 
Bulletin 767-57-0118, dated October 8, 2009, specifies to replace 
the track housing or contact Boeing for appropriate action: Before 
further flight, replace the track housing or repair the damage using 
a method approved in accordance with the procedures specified in 
paragraph (j) of this AD.

Reporting

    (i) Submit a report of positive findings of the inspections 
required by paragraph (g) of this AD to the Manager, Seattle 
Aircraft Certification Office (ACO), at the applicable time 
specified in paragraph (i)(1) or (i)(2) of this AD. The report must 
include the inspection results, a description of any discrepancies 
found, the airplane registry, variable or line number, and the 
number of landings and flight hours on the airplane. Under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), 
the Office of Management and Budget (OMB) has approved the 
information collection requirements contained in this AD and has 
assigned OMB Control Number 2120 0056.
    (1) If the inspection was done on or after the effective date of 
this AD: Submit the report within 30 days after the inspection.
    (2) If the inspection was done before the effective date of this 
AD: Submit the report within 30 days after the effective date of 
this AD.

Alternative Methods of Compliance (AMOCs)

    (j)(1) The Manager, Seattle 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 reference 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 April 1, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-7945 Filed 4-7-10; 8:45 am]
BILLING CODE 4910-13-P
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