AD 2011-02-06

[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="/cdn-cgi/l/email-protection#69040c470b060c0a0604290b060c00070e470a0604"><span class="__cf_email__" data-cfemail="3c5159125e53595f53517c5e535955525b125f5351">[email&#160;protected]</span></a>; 
Internet <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>. 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a>; 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                        Number of U.S.-
                               Action                                   Work hours     Average labor       Cost per        registered       Fleet cost
                                                                                       rate per hour       product         airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
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: <a href="/cdn-cgi/l/email-protection#7a43573b343757291f1b0e0e161f573b3935573b37353957281f0b0f1f090e093a1c1b1b541d150c"><span class="__cf_email__" data-cfemail="497064080704641a2c283d3d252c64080a06640804060a641b2c383c2c3a3d3a092f2828672e263f">[email&#160;protected]</span></a>.
    (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: <a href="/cdn-cgi/l/email-protection#93f1f6e1fbf2fdf6bdf2fff2e9f2e1d3f5f2f2bdf4fce5"><span class="__cf_email__" data-cfemail="9cfef9eef4fdf2f9b2fdf0fde6fdeedcfafdfdb2fbf3ea">[email&#160;protected]</span></a>.

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 
<a href="/cdn-cgi/l/email-protection#375a521955585254585a775558525e59501954585a"><span class="__cf_email__" data-cfemail="b2dfd79cd0ddd7d1dddff2d0ddd7dbdcd59cd1dddf">[email&#160;protected]</span></a>; Internet <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>.
    (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 <a href="http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a>.

    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]
BILLING CODE 4910-13-P