[Federal Register Volume 76, Number 16 (Tuesday, January 25, 2011)]
[Rules and Regulations]
[Pages 4224-4226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-462]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0796; Directorate Identifier 2010-NM-007-AD;
Amendment 39-16579; AD 2011-02-06]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Model 767-300 Series
Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD requires repetitive inspections for
cracks in the fuselage skin and backup structure at the lower VHF
antenna cutout at station 1197 + 99 between stringers 39 left and 39
right, and corrective actions if necessary. Certain repairs terminate
certain inspection requirements. This AD was prompted by reports of
cracking found in the section 46 fuselage lower skin around the
periphery of the VHF antenna baseplate at station 1197 + 99. We are
issuing this AD to detect and correct fatigue cracks in the fuselage
skin and internal backup structure, which could result in rapid
decompression of the airplane.
DATES: This AD is effective March 1, 2011.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of March 1,
2011.
ADDRESSES: For service information identified in this 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 [email protected];
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.
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 AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (phone: 800-647-5527) is Document Management Facility,
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.
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:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an airworthiness directive (AD) that would apply to
the specified products. That NPRM was published in the Federal Register
on August 11, 2010 (75 FR 48623). That NPRM proposed to require
repetitive inspections for cracks in the fuselage skin and backup
structure at the lower VHF antenna cutout at station 1197 + 99 between
stringers 39L and 39R, and corrective actions if necessary. Certain
repairs proposed by that NPRM would terminate certain inspection
requirements.
Comments
We gave the public the opportunity to participate in developing
this AD. The following presents the comment received on the proposal
and the FAA's response to the comment.
Request To Clarify Compliance Time
Boeing requested that we change the NPRM to explain that the
internal detailed inspection may be deferred up to 6,000 flight cycles
after the effective date of the AD if no fuselage skin cracks are found
during the external detailed inspection. Paragraph (g) of the NPRM
referred to Boeing Special Attention Service Bulletin 767-53-0207,
dated December 17, 2009 (``the service bulletin''), for the proposed
compliance times for the external and internal detailed inspections.
The Relevant Service Information section in the NPRM preamble explained
that, if no cracks were found during the external detailed inspection,
the internal detailed inspection may be deferred ``for an additional
6,000 flight cycles.'' Boeing stated, however, that this service
bulletin instead allows deferral of the internal detailed inspection
for a maximum of 6,000 flight cycles after the date on the service
bulletin.
[[Page 4225]]
We partially agree. We agree that Boeing's suggested change
reflects the intent of this service bulletin. Boeing published this
revision in Service Bulletin Information Notice 767-53-0207 IN 01,
dated July 8, 2010, to clarify a compliance time. We have added new
paragraphs (h) and (i) in this final rule to explain the exceptions to
this service bulletin's compliance times and to incorporate the
information in the information notice. We have re-identified subsequent
paragraphs accordingly. We do not agree to correct this information in
the Relevant Service Information section of the NPRM because that
section is not repeated in a final rule.
Conclusion
We reviewed the relevant data, considered the comment received, and
determined that air safety and the public interest require adopting the
AD with the changes described previously. We also determined that these
changes will not increase the economic burden on any operator or
increase the scope of the AD.
Costs of Compliance
We estimate that this AD affects 93 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:
Estimated Costs
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Number of U.S.-
Action Work hours Average labor Cost per registered Fleet cost
rate per hour product airplanes
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Inspections........................................................ 3 $85 $255 93 $23,715
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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
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),
(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 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.
Adoption of the Amendment
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 FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
2011-02-06 The Boeing Company: Amendment 39-16579; Docket No. FAA-
2010-0796; Directorate Identifier 2010-NM-007-AD.
Effective Date
(a) This AD is effective March 1, 2011.
Affected ADs
(b) None.
Applicability
(c) This AD applies to The Boeing Company Model 767-300 series
airplanes, certificated in any category, as identified in Boeing
Special Attention Service Bulletin 767-53-0207, dated December 17,
2009.
Subject
(d) Air Transport Association (ATA) of America Code 53:
Fuselage.
Unsafe Condition
(e) This AD was prompted by reports of cracking found in the
section 46 fuselage lower skin around the periphery of the very high
frequency (VHF) antenna baseplate at station 1197 + 99. The Federal
Aviation Administration is issuing this AD to detect and correct
fatigue cracks in the fuselage skin and internal backup structure,
which could result in rapid 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.
Inspections
(g) Inspect for cracks in the fuselage skin and backup structure
at the lower VHF antenna cutout at station 1197 + 99, between
stringers 39L and 39R, by doing an external detailed inspection,
with the antenna removed, of the fuselage structure at the lower aft
VHF antenna cutout, and an internal detailed inspection of the
backup structure. Do the inspections in accordance with the
Accomplishment Instructions of Boeing Special Attention Service
Bulletin 767-53-0207, dated December 17, 2009. Do the inspections at
the applicable time specified in paragraph 1.E., ``Compliance,'' of
Boeing Special Attention Service Bulletin 767-53-0207, dated
December 17, 2009, except as required by paragraphs (h) and (i) of
this AD.
(1) If no crack is found, repeat the external detailed
inspection, without removing the antenna, at intervals not to exceed
3,000 flight cycles.
(2) If any crack is found in the fuselage skin, repair before
further flight, in accordance with Boeing Special Attention Service
Bulletin 767-53-0207, dated December 17, 2009. Accomplishment of
this repair terminates the repetitive external detailed inspections
of the fuselage skin required by this AD.
(3) If any crack is found in the backup structure, before
further flight, repair or replace the cracked part(s), in accordance
with Boeing Special Attention Service Bulletin 767-53-0207, dated
December 17, 2009.
[[Page 4226]]
Exceptions to Service Bulletin Specifications
(h) Where Boeing Special Attention Service Bulletin 767-53-0207,
dated December 17, 2009, specifies a compliance time after the date
on the service bulletin, this AD requires compliance within the
specified time after the effective date of this AD.
(i) The internal detailed inspection specified in Boeing Special
Attention Service Bulletin 767-53-0207, dated December 17, 2009, and
required by paragraph (g) of this AD must be done at the later of
the times specified in paragraphs (i)(1) and (i)(2) of this AD.
(1) Before the accumulation of 25,000 total flight cycles.
(2) At the applicable time specified in paragraph (i)(2)(i) or
(i)(2)(ii) of this AD.
(i) If any fuselage skin crack is found during the external
detailed inspection required by paragraph (g) of this AD: Within
3,000 flight cycles after the effective date of this AD.
(ii) If no fuselage skin crack is found during the external
detailed inspection required by paragraph (g) of this AD: Within
6,000 flight cycles after the effective date of this AD.
Alternative Methods of Compliance (AMOCs)
(j)(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 the Related Information
section of this AD. Information may be e-mailed to: [email protected].
(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.
Related Information
(k) For more information about this AD, contact Berhane Alazar,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle ACO,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; phone: 425-
917-6577; fax: 425-917-6590; e-mail: [email protected].
Material Incorporated by Reference
(l) You must use Boeing Special Attention Service Bulletin 767-
53-0207, dated December 17, 2009, to do the actions required by this
AD, unless the AD specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of the service information under 5 U.S.C.
552(a) and 1 CFR part 51.
(2) For service information identified in this 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
[email protected]; Internet https://www.myboeingfleet.com.
(3) You may review copies of the 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.
(4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at an NARA facility, 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 January 6, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-462 Filed 1-24-11; 8:45 am]
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