[Federal Register: November 27, 2006 (Volume 71, Number 227)]
[Rules and Regulations]               
[Page 68432-68434]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27no06-2]                         

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-24814; Directorate Identifier 2006-NM-093-AD; 
Amendment 39-14833; AD 2006-24-04]
RIN 2120-AA64

 
Airworthiness Directives; Boeing Model 767 Airplanes

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Boeing Model 767 airplanes. This AD requires repetitive detailed and 
high frequency eddy current (HFEC) inspections of the station (STA) 
1809.5 bulkhead for cracking and corrective actions if necessary. This 
AD results from fatigue cracks found in the forward outer chord and 
horizontal inner chord at STA 1809.5. We are issuing this AD to detect 
and correct cracking in the bulkhead structure at STA 1809.5, which 
could result in failure of the bulkhead structure for carrying the 
flight loads of the horizontal stabilizer, and consequent loss of 
controllability of the airplane.

DATES: This AD becomes effective January 2, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of January 2, 
2007.

ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov
 or in person at the Docket Management Facility, U.S. 

Department of Transportation, 400 Seventh Street, SW., Nassif Building, 
Room PL-401, Washington, DC.
    Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, 
Washington 98124-2207, for service information identified in this AD.

FOR FURTHER INFORMATION CONTACT: Wayne Lockett, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
917-6447; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Examining the Docket

    You may examine the airworthiness directive (AD) docket on the 
Internet at http://dms.dot.gov or in person at the Docket Management 

Facility office between 9 a.m. and 5 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 street address stated in the ADDRESSES section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that would apply to all Boeing Model 767 
airplanes. That NPRM was published in the Federal Register on May 22, 
2006 (71 FR 29275). That NPRM proposed to require repetitive detailed 
and high frequency eddy current (HFEC) inspections of the station (STA) 
1809.5 bulkhead for cracking and corrective actions if necessary.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments received.

Support for the NPRM

    Boeing and Continental Airlines agree with the NPRM, while the Air 
Transport Association (ATA) agrees with the intent of the NPRM.

Request To Add Terminating Action

    The Air Transport Association (ATA) of America, on behalf of Delta 
Airlines, requests that we revise the NPRM to allow accomplishment of 
certain actions in the applicable Boeing structural repair manual (SRM) 
as terminating action for the repetitive inspections. Although the NPRM 
proposes to require accomplishing the SRM repair only if cracking is 
found, Delta would like to accomplish the SRM repair at its next heavy 
maintenance visit, regardless of inspection findings. Delta also 
requests that, if the SRM repair is accomplished before finding any 
cracking, certain actions called out in the SRM, such as cutting out 
damaged areas and installing filler, not be required as part of the 
terminating action.
    We agree to revise the requirements of this AD. The repetitive 
actions required by this AD may be terminated by accomplishing certain 
actions in Repair 9 or Repair 10, both dated April 15, 2006, of Chapter 
53-80-08 of Boeing 767-200 SRM, Document D634T201; Boeing 767-300 SRM, 
Document

[[Page 68433]]

D634T210; Boeing 767-300F SRM, Document D634T215; or Boeing 767-400 
SRM, Document D634T225; as applicable. Operators should note that to 
maintain the type certification of the airplane after accomplishing the 
SRM repair, the supplemental inspections specified in the SRM must also 
be accomplished. These supplemental inspections are outside of the 
requirements of this AD. We have added a new paragraph (h) to this AD 
to provide an optional terminating action.
    Repair 9 describes procedures for repairing a forward outer chord 
between S-4 and S-8 and doing repetitive supplemental inspections. The 
supplemental inspections are a (1) Detailed inspection of the repair 
angles, fillers, skin bulkhead web and visible parts of the bulkhead 
outer chord, and a 2.0-inch-wide zone around the repair internally and 
externally and (2) low frequency eddy current inspection of the forward 
outer chord internally through a certain angle. Repair 10 describes 
procedures for repairing a horizontal inner chord at approximately 
water line (WL) 257 and buttock line (BL) 28 and doing repetitive 
supplemental inspections. The supplemental inspection is a detailed 
inspection of the repair angles, fillers, visible parts of the bulkhead 
inner chord, adjacent structure, and a 2.0-inch-wide zone around the 
repair internally.

Request for Credit for Previously Accomplished Repairs

    The ATA, on behalf of Delta Airlines, also requests that we add a 
note stating that repairs accomplished previously in accordance with 
the applicable SRM, as referenced by Boeing Alert Service Bulletin 767-
53A0131, dated March 30, 2006, terminate the requirements of this AD. 
Delta states that neither the NPRM nor the service bulletin addresses 
SRM repairs accomplished before the effective date of this AD. Delta 
also states if no note is added to the NPRM, an operator may feel 
obliged to obtain an alternative method of compliance (AMOC) for 
previously accomplished repairs.
    We agree to provide credit for a previously accomplished repair if 
the repair was done after finding cracking. Accomplishment of Repair 9 
for a forward outer chord or Repair 10 for a horizontal inner chord 
before the effective date of this AD, in accordance with the applicable 
SRM, is acceptable for compliance with the inspections and corrective 
actions required by paragraph (f) of this AD for that area only. 
Operators must accomplish all of the actions in Repair 9 or Repair 10, 
as applicable. We have added a new paragraph (i) to this AD to provide 
credit.

Request To Provide Repair Data

    The ATA, on behalf of US Airways, requests that, before we issue 
the AD, Boeing either revise Alert Service Bulletin 767-53A0131 to 
include instructions for repairing cracking, or include them in the 
SRM. US Airways states that the service bulletin does not contain 
instructions for repairing cracking found in the fuselage skin; 
instead, the service bulletin specifies contacting Boeing for repair 
instructions. (The service bulletin and referenced SRMs only contain 
instructions to repair cracking found in a forward outer chord or 
horizontal inner chord.) The commenter states that providing the FAA-
approved repair data will reduce the administrative burden between an 
operator and the Boeing Commercial Airplanes Delegation Option 
Authorization Organization, regarding repair approvals. The commenter 
also states that providing the repair data would expedite repairs and 
return airplanes to revenue service in a timely manner.
    We do not agree to publish FAA-approved repair data for cracking 
found in the fuselage skin. We acknowledge that the service bulletin 
and applicable SRM do not contain instructions to repair fuselage skin 
cracking. However, the time needed to develop and approve fuselage skin 
repairs would delay addressing the unsafe condition in the forward 
outer chord and horizontal inner chord of the STA 1809.5 bulkhead. To 
delay this action would be inappropriate, since we have determined that 
an unsafe condition exists and that inspections and repair, if 
necessary, must be conducted to ensure continued safety. We have not 
revised this AD in this regard.

Conclusion

    We have carefully reviewed the available data, including the 
comments received, and determined that air safety and the public 
interest require adopting the AD with the changes described previously. 
We have determined that these changes will neither increase the 
economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

    There are about 903 airplanes of the affected design in the 
worldwide fleet. This AD affects about 405 airplanes of U.S. registry. 
The required actions take about 12 work hours per airplane, at an 
average labor rate of $80 per work hour. Based on these figures, the 
estimated cost of the AD for U.S. operators is $388,800, or $960 per 
airplane, per inspection cycle.

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:

[[Page 68434]]

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 
adding the following new airworthiness directive (AD):

2006-24-04 Boeing: Amendment 39-14833. Docket No. FAA-2006-24814; 
Directorate Identifier 2006-NM-093-AD.

Effective Date

    (a) This AD becomes effective January 2, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Boeing Model 767-200, -300, -300F, 
and -400ER series airplanes, certificated in any category.

Unsafe Condition

    (d) This AD results from fatigue cracks found in the forward 
outer chord and horizontal inner chord at station (STA) 1809.5. We 
are issuing this AD to detect and correct cracking in the bulkhead 
structure at STA 1809.5, which could result in failure of the 
bulkhead structure for carrying the flight loads of the horizontal 
stabilizer, and consequent loss of controllability of the airplane.

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.

Repetitive Inspections and Corrective Actions

    (f) Before the accumulation of 15,000 total flight cycles, or 
within 3,000 flight cycles after the effective date of this AD, 
whichever is later: Do the detailed and high frequency eddy current 
(HFEC) inspections for cracking as specified in Parts 1, 2, 3, and 4 
of the Accomplishment Instructions of Boeing Alert Service Bulletin 
767-53A0131, dated March 30, 2006; and do all corrective actions 
before further flight; by accomplishing all the actions specified in 
the Accomplishment Instructions of Boeing Alert Service Bulletin 
767-53A0131, dated March 30, 2006, except as provided by paragraph 
(g) of this AD. Repeat the inspections thereafter at intervals not 
to exceed 6,000 flight cycles. Accomplishing the corrective action 
for the inspections specified in Part 1, 2, 3, or 4 of the service 
bulletin, as applicable, terminates the repetitive inspections for 
that area only.

Exception to Service Bulletin

    (g) If any cracking is found in the skin or in any structure 
other than the forward outer chord or horizontal inner chord, during 
any inspection required by this AD, and Boeing Alert Service 
Bulletin 767-53A0131, dated March 30, 2006, specifies to contact 
Boeing for appropriate action: Before further flight, repair the 
cracking using a method approved in accordance with the procedures 
specified in paragraph (j) of this AD.

Optional Terminating Action

    (h) If no cracking is found during the most recent detailed and 
HFEC inspections for a specified area as required by paragraph (f) 
of this AD: Modification of a specified area according to a method 
approved by the Manager, Seattle Aircraft Certification Office 
(ACO), FAA, terminates the repetitive inspections required by 
paragraph (f) of this AD for that area only. For a forward outer 
chord, one approved method is accomplishment of the actions in Steps 
4.A through 4.C and 4.G through 4.P of Repair 9, dated April 15, 
2006, of Chapter 53-80-08 of the Boeing 767-200 Structural Repair 
Manual (SRM), Document D634T201; Boeing 767-300 SRM, Document 
D634T210; Boeing 767-300F SRM, Document D634T215; or Boeing 767-400 
SRM, Document D634T225; as applicable. For a horizontal inner chord, 
one approved method is accomplishment of the actions in Steps 4.A, 
4.B, and 4.F through 4.P of Repair 10, dated April 15, 2006, of 
Chapter 53-80-08 of the Boeing 767-200 SRM, Document D634T201; 
Boeing 767-300 SRM, Document D634T210; Boeing 767-300F SRM, Document 
D634T215; or Boeing 767-400 SRM, Document D634T225; as applicable.

Credit for Previously Accomplished Repairs

    (i) Repair of a forward outer chord done before the effective 
date of this AD in accordance with Repair 9, dated April 15, 2006, 
of Chapter 53-80-08 of the Boeing 767-200 SRM, Document D634T201; 
Boeing 767-300 SRM, Document D634T210; Boeing 767-300F SRM, Document 
D634T215; or Boeing 767-400 SRM, Document D634T225; as applicable; 
is acceptable for compliance with the requirements of paragraph (f) 
of this AD for that area only. Repair of a horizontal inner chord 
before the effective date of this AD in accordance with Repair 10, 
dated April 15, 2006, of Chapter 53-80-08 of the Boeing 767-200 SRM, 
Document D634T201; Boeing 767-300 SRM, Document D634T210; Boeing 
767-300F SRM, Document D634T215; or Boeing 767-400 SRM, Document 
D634T225; as applicable; is acceptable for compliance with the 
requirements of paragraph (f) of this AD for that area only.

Alternative Methods of Compliance (AMOCs)

    (j)(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 Sec.  
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, and the approval must 
specifically refer to this AD.

Material Incorporated by Reference

    (k) You must use Boeing Alert Service Bulletin 767-53A0131, 
dated March 30, 2006, to perform the actions that are required by 
this AD, unless the AD specifies otherwise. The Director of the 
Federal Register approved the incorporation by reference of this 
document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
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
.


    Issued in Renton, Washington, on November 9, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E6-19797 Filed 11-24-06; 8:45 am]

BILLING CODE 4910-13-P