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[Federal Register Volume 80, Number 108 (Friday, June 5, 2015)]
[Proposed Rules]
[Pages 32066-32069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13328]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-1421; Directorate Identifier 2014-NM-177-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 adopt a new airworthiness directive (AD) for 
certain The Boeing Company Model 767-300 and -300F series airplanes. 
This proposed AD was prompted by reports of fatigue cracking on 
airplanes with Aviation Partners Boeing winglets installed. This 
proposed AD would require a high frequency eddy current (HFEC) 
inspection for cracking of the lower outboard wing skin, and repair or 
modification if necessary. This proposed AD would also require one of 
three follow-on actions: Repeating the HFEC inspections; modifying 
certain internal stringers and oversizing and plugging the existing 
fastener holes of the lower wing; or modifying the external doubler/
tripler and doing repetitive post-modification inspections. We are 
proposing this AD to prevent fatigue cracking in the lower outboard 
wing skin, which could result in failure and subsequent separation of 
the wing and winglet and consequent reduced controllability of the 
airplane.

DATES: We must receive comments on this proposed AD by July 20, 2015.

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 proposed AD, contact 
Aviation Partners Boeing, 2811 S. 102nd Street, Suite 200, Seattle, WA 
98168; telephone 206-762-1171; Internet https://www.aviationpartnersboeing.com. You may view this referenced service 
information at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue SW., Renton, WA. 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 by searching for and locating Docket No. FAA-2015-
1421; 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: Allen Rauschendorfer, Aerospace 
Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue SW., Renton, WA 98057-3356; 
phone: 425-917-6487; fax: 425-917-6590; email: 
Allen.Rauschendorfer@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-2015-1421; 
Directorate Identifier 2014-NM-177-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

[[Page 32067]]

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 reports of fatigue cracking in the lower outboard 
wing skin at the inboard fastener of stringer L-9.5 on Model 767-300 
airplanes with Aviation Partners Boeing winglets installed. The cracks 
were found at the fastener holes common to the inboard end of the 
outboard stringer L-9.5 on the left- and right-hand wings. 
Investigation revealed that these were fatigue cracks related to 
Aviation Partners Boeing STC ST01920SE winglet retrofit kit 
installations. If not corrected, these cracks could extend to adjacent 
structure and could lead to reduced load carrying capability in the 
lower skin. Later investigation revealed more cracking along the lower 
wing skin as a result of fatigue due to higher-than-predicted fastener 
loads and skin stress peaking at the inboard end of stringer L-9.5. 
These conditions, if not corrected, could result in failure and 
subsequent separation of the wing and winglet, and consequent reduced 
controllability of the airplane.

Related Service Information Under 1 CFR Part 51

    We reviewed Aviation Partners Boeing Service Bulletin AP767-57-010, 
Revision 7, dated November 4, 2014. The service information describes 
procedures for inspecting for cracking of the external surface of the 
lower outboard wing skin, and repair or modification if necessary. The 
service information also includes certain follow-on actions. This 
service information is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in the ADDRESSES section of this NPRM.

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 ``Difference Between this Proposed Rule and the Service 
Information.''

Difference Between Proposed Rule and Service Information

    Aviation Partners Boeing Service Bulletin AP767-57-010, Revision 7, 
dated November 4, 2014, 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.

Costs of Compliance

    We estimate that this proposed AD affects 140 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

                                        Estimated Costs--Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspection............................  3 work-hours x $85 per                $0            $255         $35,700
                                         hour = $255.
----------------------------------------------------------------------------------------------------------------

                                        Estimated Costs--Optional Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Repetitive inspections........................  3 work-hours x $85 per hour =                 $0            $255
                                                 $255 per inspection cycle.
Repair/Modification...........................  262 work-hours x $85 per hour =                0          22,270
                                                 $22,270.
Terminating Modification......................  262 work-hours x $85 per hour =                0          22,270
                                                 $22,270.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions 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

[[Page 32068]]

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

0
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]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

The Boeing Company: Docket No. FAA-2015-1421; Directorate Identifier 
2014-NM-177-AD.

(a) Comments Due Date

    We must receive comments by July 20, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 767-300 and -300F 
series airplanes, certificated in any category, with Aviation 
Partners Boeing winglets installed; as identified in Aviation 
Partners Boeing Service Bulletin AP767-57-010, Revision 7, dated 
November 4, 2014.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports of fatigue cracking in the lower 
outboard wing skin at the inboard fastener of stringer L-9.5 on 
airplanes with winglets installed per Supplemental Type Certificate 
ST01920SE. We are issuing this AD to prevent fatigue cracking in the 
lower outboard wing skin, which could result in failure and 
subsequent separation of the wing and winglet and consequent reduced 
controllability of the airplane.

(f) Compliance

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

(g) Inspection and Repair or Modification and Post-Repair or 
Modification Inspections

    At the applicable time specified in paragraph 1.E., 
``Compliance,'' of Aviation Partners Boeing Service Bulletin AP767-
57-010, Revision 7, dated November 4, 2014, except as required by 
paragraph (j) of this AD: Do a high frequency eddy current (HFEC) 
inspection for cracking of the lower outboard wing skin, as 
specified in paragraph (g)(1) or (g)(2) of this AD, as applicable.
    (1) For Groups 1 and 2 airplanes: Do an internal HFEC inspection 
at the inboard fasteners of stringer L-9.5, in accordance with PART 
1 of the Accomplishment Instructions of Aviation Partners Boeing 
Service Bulletin AP767-57-010, Revision 7, dated November 4, 2014; 
and do the applicable actions required by paragraph (g)(1)(i) or 
(g)(1)(ii) of this AD.
    (i) If any cracking is found, before further flight, do the 
repair or modification specified in paragraph (h) of this AD.
    (ii) If no cracking is found, do the applicable actions 
specified in paragraph (g)(1)(ii)(A), (g)(1)(ii)(B), or 
(g)(1)(ii)(C) of this AD at the time specified in paragraph 1.E., 
``Compliance,'' of Aviation Partners Boeing Service Bulletin AP767-
57-010, Revision 7, dated November 4, 2014.
    (A) Repeat the HFEC inspection.
    (B) Do a preventive modification of the external doubler/tripler 
filler and stringer L-6.5, in accordance with PART 2 through 6, or 
PART 8, as applicable, of the Accomplishment Instructions of 
Aviation Partners Boeing Service Bulletin AP767-57-010, Revision 7, 
dated November 4, 2014. If PART 8 was done, do repetitive HFEC 
inspections for cracking of the lower outboard wing skin common to 
the external doubler/tripler repair, in accordance with PART 9 of 
the Accomplishment Instructions of Aviation Partners Boeing Service 
Bulletin AP767-57-010, Revision 7, dated November 4, 2014, except as 
required by paragraph (j)(2) of this AD. If any cracking is found: 
Before further flight, do a repair or modification using a method 
approved in accordance with the procedures specified in paragraph 
(k) of this AD.
    (C) Do a repair or modification in accordance with PART 8, and 
do repetitive HFEC inspections for cracking of the lower outboard 
wing skin common to the external doubler/tripler repair, in 
accordance with PART 9 of the Accomplishment Instructions of 
Aviation Partners Boeing Service Bulletin AP767-57-010, Revision 7, 
dated November 4, 2014, except as required by paragraph (j)(2) of 
this AD. If any cracking is found: Before further flight, do a 
repair or modification using a method approved in accordance with 
the procedures specified in paragraph (k) of this AD.
    (2) For Group 3 airplanes: Do an internal HFEC inspection at the 
inboard fasteners of stringer L-9.5, in accordance with PART 7a of 
the Accomplishment Instructions of Aviation Partners Boeing Service 
Bulletin AP767-57-010, Revision 7, dated November 4, 2014. Do an 
external HFEC inspection at the inboard fasteners of stringer L-6.5 
in accordance with PART 7b of the Accomplishment Instructions of 
Aviation Partners Boeing Service Bulletin AP767-57-010, Revision 7, 
dated November 4, 2014; and do the applicable actions required by 
paragraph (g)(2)(i) or (g)(2)(ii) of this AD, at the time specified 
in paragraph 1.E., ``Compliance,'' of Aviation Partners Boeing 
Service Bulletin AP767-57-010, Revision 7, dated November 4, 2014.
    (i) If any cracking is found: Before further flight, do a repair 
or modification using a method approved in accordance with the 
procedures specified in paragraph (k) of this AD.
    (ii) If no cracking is found: Repeat the HFEC inspections at the 
time specified in paragraph 1.E., ``Compliance,'' of Aviation 
Partners Boeing Service Bulletin AP767-57-010, Revision 7, dated 
November 4, 2014.

(h) Terminating Modification and Repair and Post-Repair or Modification 
Inspections

    Modification of the external doubler/tripler filler and stringer 
L-6.5, in accordance with PART 2 through PART 6, or repair or 
modification in accordance with PART 8, of the Accomplishment 
Instructions of Aviation Partners Boeing Service Bulletin AP767-57-
010, Revision 7, dated November 4, 2014, except as required by 
paragraph (j)(2) of this AD, terminates the repetitive inspections 
specified in paragraph (g)(1)(ii)(A) of this AD, provided the 
conditions specified in paragraphs (h)(1) and (h)(2) of this AD are 
met. If any cracking is found: Before further flight, do a repair or 
modification using a method approved in accordance with the 
procedures specified in paragraph (k) of this AD.
    (1) The repair or modification must be done within the 
applicable time specified in paragraph 1.E., ``Compliance,'' of 
Aviation Partners Boeing Service Bulletin AP767-57-010, Revision 7, 
dated November 4, 2014, except as required by paragraph (j) of this 
AD.
    (2) Repetitive post-repair or modification inspections for 
cracking of the lower outboard wing skin common to the external 
doubler/tripler repair must be done in accordance with PART 9 of 
Aviation Partners Boeing Service Bulletin AP767-57-010, Revision 7, 
dated November 4, 2014, within the applicable time specified in 
paragraph 1.E., ``Compliance,'' of Aviation Partners Boeing Service 
Bulletin AP767-57-010, Revision 7, dated November 4, 2014, except as 
required by paragraph (j)(2) of this AD. If any cracking is found: 
Before further flight, do a repair or modification using a method 
approved in accordance with the procedures specified in paragraph 
(k) of this AD.

(i) Credit for Previous Actions

    This paragraph provides credit for the actions specified in 
paragraphs (g) and (h) of this AD, if those actions were performed 
before the effective date of this AD using the service information 
identified in paragraph (i)(1), (i)(2), or (i)(3) of this AD; which 
is not incorporated by reference in this AD.
    (1) Aviation Partners Boeing Service Bulletin AP767-57-010, 
Revision 2, dated January 23, 2014.
    (2) Aviation Partners Boeing Service Bulletin AP767-57-010, 
Revision 4, dated April 22, 2014.
    (3) Aviation Partners Boeing Service Bulletin AP767-57-010, 
Revision 6, dated August 15, 2014.

(j) Exceptions to Service Information Specifications

    (1) Where paragraph 1.E., ``Compliance,'' of Aviation Partners 
Boeing Service Bulletin AP767-57-010, Revision 7, dated November

[[Page 32069]]

4, 2014, specifies a compliance time ``after the initial issue date 
on this service bulletin,'' this AD requires compliance within the 
specified compliance time after the effective date of this AD.
    (2) Where Aviation Partners Boeing Service Bulletin AP767-57-
010, Revision 7, dated November 4, 2014, specifies to contact Boeing 
for repair instructions: Before further flight, repair the cracking 
using a method approved in accordance with the procedures specified 
in paragraph (k) of this AD.

(k) 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 paragraph (l)(1) 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.

(l) Related Information

    (1) For more information about this AD, contact Allen 
Rauschendorfer, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, 
Seattle Aircraft Certification Office, 1601 Lind Avenue SW., Renton, 
WA 98057-3356; phone: 425-917-6487; fax: 425-917-6590; email: 
Allen.Rauschendorfer@faa.gov.
    (2) For service information identified in this AD, contact 
Aviation Partners Boeing, 2811 S. 102nd Street, Suite 200, Seattle, 
WA 98168; telephone 206-762-1171; Internet https://www.aviationpartnersboeing.com. You may view this referenced service 
information at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue SW., Renton, WA. For information on the availability of this 
material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on May 13, 2015.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2015-13328 Filed 6-4-15; 8:45 am]
 BILLING CODE 4910-13-P
```