[Federal Register Volume 74, Number 135 (Thursday, July 16, 2009)]
[Proposed Rules]
[Pages 34513-34516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16872]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0642; Directorate Identifier 2009-NM-001-AD]
RIN 2120-AA64


Airworthiness Directives; Boeing 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 Boeing Model 767 series airplanes. This proposed AD would 
require inspections for scribe lines in the fuselage skin at skin lap 
joints, the skin at certain external approved repairs, the skin around 
external features such as antennas, and the skin at decals; and related 
investigative and corrective actions if necessary. This proposed AD

[[Page 34514]]

results from reports of scribe lines found at skin lap joints and butt 
joints, around external repairs and antennas, and at locations where 
external decals had been cut. We are proposing this AD to detect and 
correct scribe lines, which can develop into fatigue cracks in the skin 
and cause sudden decompression of the airplane.

DATES: We must receive comments on this proposed AD by August 31, 2009.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> 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 <a href="/cdn-cgi/l/email-protection#137e763d717c76707c7e53717c767a7d743d707c7e"><span class="__cf_email__" data-cfemail="d0bdb5feb2bfb5b3bfbd90b2bfb5b9beb7feb3bfbd">[email protected]</span></a>; 
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 or 
425-227-1152.

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-2009-0642; 
Directorate Identifier 2009-NM-001-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 reports indicating that scribe lines have been 
found by 11 operators on 13 Boeing Model 767 airplanes. Scribe lines 
were found at skin lap joints, butt joints, around external repairs and 
antennas, and at locations where external decals had been cut. Many of 
the scribe lines appear to have been made when sealant was removed as 
part of preparing the airplane for repainting. The Model 767 airplanes 
had accumulated between 6,300 and 24,600 total flight cycles. Although 
no cracks resulting from scribe lines on Model 767 airplanes have been 
reported to Boeing, fatigue cracks can develop in the skin at scribe 
line locations. Fatigue cracks, if not corrected, could grow large and 
cause sudden decompression of the airplane.

Related ADs

    This proposed AD is similar to two existing ADs. AD 2006-07-12, 
amendment 39-14539 (71 FR 16211, March 31, 2006), applies to Boeing 
Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. AD 
2007-19-07, amendment 39-15198 (72 FR 60244, October 24, 2007), applies 
to all Boeing Model 757-200, -200PF, and -200CB series airplanes. Those 
ADs require inspections to detect scribe lines in the fuselage skin at 
certain lap joints, butt joints, external repair doublers, and other 
areas; and related investigative/corrective actions if necessary. Those 
actions resulted from reports of fuselage skin cracks adjacent to the 
skin lap joints on airplanes that had scribe lines.

Relevant Service Information

    We have reviewed Boeing Alert Service Bulletin 767-53A0193, 
Revision 1, dated April 9, 2009. The service bulletin describes 
procedures for exploratory detailed inspections to detect scribe lines 
along skin lap joints, external features, external approved repairs, 
and decals. The service bulletin specifies removing paint and sealant 
from affected areas before the initial exploratory inspection. The 
compliance times for the exploratory inspections are 25,000, 37,500, 
and 50,000 total flight cycles (depending on the inspection location) 
plus the first scribe line inspection opportunity; or within 4,000 
flight cycles after the date of the service bulletin; whichever occurs 
later.
    The service bulletin specifies related investigative actions that 
include performing high frequency eddy current or ultrasonic 
inspections of the scribe lines to detect cracks, and the service 
bulletin specifies corrective actions as either repairing scribe lines 
and cracks or contacting Boeing for repair instructions and making the 
repair. The service bulletin specifies to repair cracks before further 
flight.
    The service bulletin specifies repairing scribe lines before 
further flight, except when a limited return to service (LRTS) program 
for qualifying scribe lines would allow return to service for a limited 
period before scribe lines are repaired. The LRTS program includes 
repetitive inspections to detect cracks where scribe lines are found. 
To qualify for an LRTS program, scribe lines must meet certain criteria 
based on their depth and location. The service bulletin specifies 
contacting Boeing for final repair instructions, which would eliminate 
the need for the repetitive inspections of the LRTS program. The 
repetitive interval for the LRTS program is 1,500 to 9,000 flight 
cycles, depending on the depth and location of the scribe lines and the 
configuration of the airplane.
    The service bulletin notes that certain inspections would not be 
required under the following conditions:
    <bullet> The airplane had never been stripped or repainted.
    <bullet> The airplane had never been stripped or repainted under 
the wing-to-body fairings.
    <bullet> No sealant had been removed except in accordance with the 
specified sealant removal processes as given in Appendix A of the 
service bulletin.
    The service bulletin specifies submitting the exploratory 
inspection results to Boeing.

[[Page 34515]]

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 the same type design. 
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.'' This 
proposed AD would also require sending the results of the exploratory 
inspections to Boeing.

Differences Between the Proposed AD and Service Bulletin

    The service bulletin 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:
    <bullet> Using a method that we approve; or
    <bullet> Using data that meet the certification basis of the 
airplane, and that have been approved by an Authorized Representative 
for the Boeing Commercial Airplanes Delegation Option Authorization 
Organization whom we have authorized to make those findings.

Costs of Compliance

    We estimate that this proposed AD would affect 367 airplanes of 
U.S. registry. The following table provides the estimated costs for 
U.S. operators to comply with this proposed AD.

                                                                 Table--Estimated Costs
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                                                                                                                                Number of
                                                                  Average                                         Cost per        U.S.-
                     Action                       Work hours    labor rate                 Parts                   product     registered    Fleet cost
                                                                 per hour                                                       airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Exploratory Inspections........................          340           $80   None.............................      $27,200           367    $9,982,400
--------------------------------------------------------------------------------------------------------------------------------------------------------

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), 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:

Boeing: Docket No. FAA-2009-0642; Directorate Identifier 2009-NM-
001-AD.

Comments Due Date

    (a) We must receive comments by August 31, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 767-200, -300, -300F, and -
400ER series airplanes, certificated in any category, as identified 
in Boeing Alert Service Bulletin 767-53A0193, Revision 1, dated 
April 9, 2009.

Subject

    (d) Air Transport Association (ATA) of America Code 53: 
Fuselage.

Unsafe Condition

    (e) This AD results from reports of scribe lines found at skin 
lap joints, butt joints, around external repairs and antennas, and 
at locations where external decals had been cut. We are issuing this 
AD to detect and correct scribe lines, which can develop into 
fatigue cracks in the skin and cause sudden decompression of the 
airplane.

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) At the applicable times specified in paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin 767-53A0193, 
Revision 1, dated April 9, 2009, except as provided in paragraph (h) 
of this AD, do detailed exploratory inspections for scribe lines of 
skin lap joints, butt joints, around external repairs and antennas, 
and at locations where external decals may have been cut. Do all 
applicable related investigative and corrective actions at the times 
specified in the service bulletin, by accomplishing all actions 
specified in the Accomplishment Instructions of the service 
bulletin, except as provided by paragraph (i) of this AD.

    Note 1:  The inspection exemptions noted in paragraph 1.E. of 
Boeing Alert Service Bulletin 767-53A0193, Revision 1, dated April 
9, 2009, apply to this AD.

Exceptions to Service Bulletin Specifications

    (h) Where Boeing Alert Service Bulletin 767-53A0193, Revision 1, 
dated April 9, 2009, specifies a compliance time after ``the

[[Page 34516]]

original issue date on this service bulletin,'' this AD requires 
compliance within the specified compliance time after the effective 
date of this AD.
    (i) Where Boeing Alert Service Bulletin 767-53A0193, Revision 1, 
dated April 9, 2009, specifies to contact Boeing for appropriate 
action, accomplish applicable actions before further flight using a 
method approved in accordance with the procedures specified in 
paragraph (l) of this AD.

Report

    (j) At the applicable time specified in paragraph (j)(1) or 
(j)(2) of this AD: Submit a report of the findings (both positive 
and negative) of the inspections required by paragraph (g) of this 
AD. Operators may use the reporting form contained in Appendixes B 
and C, as applicable, of Boeing Alert Service Bulletin 767-53A0193, 
Revision 1, dated April 9, 2009. Send the report to Boeing 
Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207. 
The report must contain, at a minimum, the inspection results, a 
description of any discrepancies found, the airplane serial number, 
and the number of flight cycles 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.

Credit for Actions Accomplished Previously

    (k) Actions accomplished previously in accordance with Boeing 
Alert Service Bulletin 767-53A0193, dated November 25, 2008, are 
considered acceptable for compliance with the applicable actions 
specified in this AD.

Alternative Methods of Compliance (AMOCs)

    (l)(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. Send information to 
ATTN: Berhane Alazar, Aerospace Engineer, Airframe Branch, ANM-120S, 
FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., 
Renton, Washington 98057-3356; telephone (425) 917-6577; fax (425) 
917-6590. Or, e-mail information to <a href="/cdn-cgi/l/email-protection#122b3f535c5f3f41777366667e773f53515d3f535f5d513f4077636777616661527473733c757d64"><span class="__cf_email__" data-cfemail="784155393635552b1d190c0c141d55393b37553935373b552a1d090d1d0b0c0b381e1919561f170e">[email protected]</span></a>.
    (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 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 and the approval must specifically refer to this AD.

    Issued in Renton, Washington, on July 2, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-16872 Filed 7-15-09; 8:45 am]
BILLING CODE 4910-13-P


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