[Federal Register Volume 70, Number 192 (Wednesday, October 5, 2005)]
[Rules and Regulations]
[Pages 58000-58002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19939]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22584; Directorate Identifier 2005-NM-044-AD; 
Amendment 39-14313; AD 2004-19-06 R1]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767-200, -300, and -300F 
Series Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is revising an existing airworthiness directive (AD) 
that applies to all Boeing Model 767-200, -300, and -300F series 
airplanes. The existing AD currently requires inspections to detect 
cracking or corrosion of the fail-safe straps between the side fitting 
of the rear spar bulkhead at body station 955 and the skin; and follow-
on/corrective actions. The existing AD results from reports of cracked 
and/or corroded fail-safe straps at body station (BS) 955 on Boeing 
Model 767-200 series airplanes. We issued the existing AD to detect and 
correct fatigue cracking or corrosion of the fail-safe straps, which 
could result in cracking of adjacent structure and consequent reduced 
structural integrity of the fuselage. This new AD revises the 
applicability of the existing AD to reduce the number of affected 
airplanes. We are issuing this AD to detect and correct fatigue 
cracking or corrosion of the fail-safe straps, which could result in 
cracking of adjacent structure and consequent reduced structural 
integrity of the fuselage.

DATES: The effective date of this AD is November 1, 2004.
    On November 1, 2004 (69 FR 57636, September 27, 2004), the Director 
of the Federal Register approved the incorporation by reference of 
Boeing Alert Service Bulletin 767-53A0100, dated September 26, 2002.
    We must receive comments on this AD by December 5, 2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this AD.
    <bullet> DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
    <bullet> Government-Wide Rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
    <bullet> Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street SW., Nassif Building, Room PL-401, 
Washington, DC 20590.
    <bullet> Fax: (202) 493-2251.
    <bullet> Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays.
    Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, 
Washington 98124-2207, for service information identified in this AD.

FOR FURTHER INFORMATION CONTACT: Candice Gerretsen, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
917-6428; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Discussion

    On September 13, 2004, we issued AD 2004-19-06, amendment 39-13800 
(69 FR 57636, September 27, 2004). That AD applies to all Boeing Model 
767-200, -300, and -300F series airplanes. That AD requires inspections 
to detect cracking or corrosion of the fail-safe straps between the 
side fitting of the rear spar bulkhead at body station (BS) 955 and the 
skin; and follow-on/corrective actions. That AD resulted from reports 
of cracked and/or corroded fail-safe straps at BS 955 on Boeing Model 
767-200 series airplanes. The actions specified in that AD are intended 
to detect and correct fatigue cracking or corrosion of the fail-safe 
straps, which could result in cracking of adjacent structure and 
consequent reduced structural integrity of the fuselage.

Actions Since AD Was Issued

    Since we issued that AD, the manufacturer, Boeing, developed a 
production change that lowers the maximum stress in the fail-safe strap 
and removes the critical location where cracks were occurring on Boeing 
Model 767-200, -300, and -300F series airplanes. The production change 
is applicable to airplanes having line numbers 932 and subsequent. 
Therefore, we have revised the applicability of AD 2004-19-06 to Boeing 
Model 767-200, -300, and -300F series airplanes, line numbers 1 through 
931 inclusive.

FAA's Determination and Requirements of This AD

    The unsafe condition described previously is likely to exist or 
develop on other airplanes of the same type design that may be 
registered in the U.S. at some time in the future. For this reason, we 
are issuing this AD to detect and correct fatigue cracking or corrosion 
of the fail-safe straps, which could result in cracking of adjacent 
structure and consequent reduced structural integrity of the fuselage. 
This AD continues to require inspections to detect cracking or 
corrosion of the fail-safe straps between the side fitting of the rear 
spar bulkhead at body station 955 and the skin; and follow-on/
corrective actions. This AD also revises the applicability of the 
existing AD to exclude line numbers 932 and subsequent.

Explanation of Change Made to This AD

    Boeing Commercial Airplanes has received a Delegation Option 
Authorization (DOA). We have revised this AD to delegate the authority 
to approve an alternative method of

[[Page 58001]]

compliance for any repair required by this AD to an Authorized 
Representative for the Boeing Commercial Airplanes DOA rather than a 
Designated Engineering Representative (DER).

Clarification of Alternative Method of Compliance (AMOC) Paragraph

    We have revised this AD to clarify the appropriate procedure for 
notifying the principal inspector before using any approved AMOC on any 
airplane to which the AMOC applies.

Interim Action

    This is considered to be interim action until final action is 
identified, at which time we may consider further rulemaking.

Costs of Compliance

    There are approximately 833 airplanes of the affected design in the 
worldwide fleet. We estimate that 354 airplanes of U.S. registry will 
be affected by this AD, that it will take approximately 2 work hours 
per airplane to accomplish the required inspections, and that the 
average labor rate is $65 per work hour. Based on these figures, the 
cost impact of the AD on U.S. operators is estimated to be $46,020, or 
$130 per airplane, per inspection cycle.

FAA's Determination of the Effective Date

    On April 18, 2005, the Seattle Aircraft Certification Office 
granted an alternative method of compliance (AMOC) with the 
requirements of AD 2004-19-06 for airplanes having line numbers 932 and 
subsequent. That AMOC terminates the requirements of AD 2004-19-06 for 
those airplanes. This AD clarifies that the applicability of AD 2004-
19-06 is only for airplanes having line numbers 1 through 931 
inclusive. Therefore, providing notice and opportunity for public 
comment is unnecessary before this AD is issued, and this AD may be 
made effective in less than 30 days after it is published in the 
Federal Register.

Comments Invited

    This AD is a final rule that involves requirements that affect 
flight safety and was not preceded by notice and an opportunity for 
public comment; however, we invite you to submit any relevant written 
data, views, or arguments regarding this AD. Send your comments to the 
address listed under the ADDRESSES section. Include ``Docket No. FAA-
2005-22584; Directorate Identifier 2005-NM-044-AD'' at the beginning of 
your comments. We specifically invite comments on the overall 
regulatory, economic, environmental, and energy aspects of the AD that 
might suggest a need to modify it.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this AD. Using the search function of that web 
site, anyone can find and read the comments in any of our dockets, 
including the name of the individual who sent the comment (or signed 
the comment on behalf of an association, business, labor union, etc.). 
You may review the DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477-78), or you may visit 
http://dms.dot.gov.

Examining the Docket

    You may examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the Docket Management System 
receives them.

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 AD will not have federalism 
implications under Executive Order 13132. This AD will 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 this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866;
    (2) Is not a ``significant rule'' under 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket. See the ADDRESSES 
section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
removing amendment 39-13800 (69 FR 57636, September 27, 2004) and 
adding the following new airworthiness directive (AD):

2004-19-06 R1 Boeing: Amendment 39-14313. Docket No. FAA-2005-22584; 
Directorate Identifier 2005-NM-044-AD.

Effective Date

    (a) The effective date of this AD is November 1, 2004.

Affected ADs

    (b) This AD revises AD 2004-19-06.

Applicability

    (c) This AD applies to Boeing Model 767-200, -300, and -300F 
series airplanes, certificated in any category; line numbers 1 
through 931 inclusive.

Unsafe Condition

    (d) This AD results from reports of cracked and/or corroded 
fail-safe straps at body station (BS) 955 on Boeing Model 767-200 
series airplanes. We are issuing this AD to detect and correct 
fatigue cracking or corrosion of the fail-safe straps, which could

[[Page 58002]]

result in cracking of adjacent structure and consequent reduced 
structural integrity of the fuselage.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Inspections and Follow-On/Corrective Actions

    (f) Except as provided by paragraph (g) of this AD, prior to the 
accumulation of 15,000 total flight cycles, or within 3,000 flight 
cycles after November 1, 2004 (the effective date of AD 2004-19-06), 
whichever occurs later, perform a detailed inspection and eddy 
current inspection to detect cracking or corrosion of the fail-safe 
straps between the side fitting of the rear spar bulkhead at BS 955 
and the skin, per Figure 2 of the Accomplishment Instructions of 
Boeing Alert Service Bulletin 767-53A0100, dated September 26, 2002.

    Note 1: For the purposes of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirror, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate procedures may be required.''

    (1) If no crack or corrosion is found, repeat the inspections 
thereafter at intervals not to exceed 6,000 flight cycles or 36 
months, whichever occurs first.
    (2) If any crack or corrosion is found, before further flight, 
repair per a method approved by the Manager, Seattle Aircraft 
Certification Office (ACO), FAA; or using a method approved in 
accordance with paragraph (h)(2) of this AD.
    (g) For airplanes on which the fail-safe strap has been replaced 
before November 1, 2004: Do the actions required by paragraph (f) of 
this AD within 12,000 flight cycles after accomplishing the 
replacement.

    Note 2: Steps 2 and 8 of the Work Instructions of Boeing Alert 
Service Bulletin 767-53A0100, dated September 26, 2002, refer 
incorrectly to 767 Airplane Maintenance Manual (AMM) 32-00-20 for 
opening the MLG doors; the correct reference is 767 AMM 32-00-15, 
which is referred to in steps 3 and 7 of the Work Instructions. Step 
2 also should state ``Open Main Landing Gear (MLG) doors'' instead 
of ``Open Main Landing Green (MLG) doors.''

Alternative Methods of Compliance (AMOCs)

    (h)(1) The Manager, Seattle ACO, FAA, has the authority to 
approve AMOCs for this AD, if requested in accordance with the 
procedures found in 14 CFR 39.19.
    (2) Before using any AMOC approved in accordance with 14 CFR 
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
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 an 
Authorized Representative for the Boeing Commercial Airplanes 
Delegation Option Authorization Organization who 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.

Material Incorporated by Reference

    (i) You must use Boeing Alert Service Bulletin 767-53A0100, 
dated September 26, 2002, to perform the actions that are required 
by this AD, unless the AD specifies otherwise. On November 1, 2004 
(69 FR 57636, September 27, 2004), the Director of the Federal 
Register approved the incorporation by reference of this document. 
Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, 
Washington 98124-2207, for a copy of this service information. You 
may review copies at the Docket Management Facility, U.S. Department 
of Transportation, 400 Seventh Street SW., room PL-401, Nassif 
Building, Washington, DC; on the Internet at http://dms.dot.gov; or 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at the NARA, call 
(202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html html.

    Issued in Renton, Washington, on September 26, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-19939 Filed 10-4-05; 8:45 am]
BILLING CODE 4910-13-P