AD 2016-04-07

[Federal Register Volume 81, Number 34 (Monday, February 22, 2016)]
[Rules and Regulations]
[Pages 8642-8644]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2016-03456]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-2456; Directorate Identifier 2015-NM-032-AD; 
Amendment 39-18401; AD 2016-04-07]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all The 
Boeing Company Model 767 airplanes. This AD was prompted by reports of 
cracking at a central part of the structure. This AD requires 
repetitive inspections of the skin hidden by the upper and lower splice 
fittings on both sides of the fuselage, and corrective action if 
necessary. We are issuing this AD to detect and correct fatigue 
cracking of the hidden fuselage skin and cracking, corrosion, and other 
damage to the splice fittings and adjacent visible fuselage skin and 
structure that could lead to loss of a primary load path between the 
fuselage and the wing box, and consequent reduced structural integrity 
of the airplane.

DATES: This AD is effective March 28, 2016.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 28, 
2016.

ADDRESSES: For service information identified in this final rule, 
contact Boeing Commercial Airplanes, Attention: Data & Services 
Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 
206-544-5000, extension 1; fax 206-766-5680; Internet <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>. You may view this referenced service information 
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., 
Renton, WA. For information on the availability of this material at the 
FAA, call 425-227-1221. It is also available on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2015-
2456.

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> by searching for and locating Docket No. FAA-2015-
2456; 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 Docket 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: Wayne Lockett, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office 
(ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6447; fax: 425-917-6590; email: <a href="/cdn-cgi/l/email-protection#7d0a1c0413185311121e161809093d1b1c1c531a120b"><span class="__cf_email__" data-cfemail="314650485f541f5d5e525a544545715750501f565e47">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to all The Boeing Company 
Model 767 airplanes. The NPRM published in the Federal Register on July 
6, 2015 (80 FR 38408) (``the NPRM''). The NPRM was prompted by reports 
of cracking at a central part of the structure. The NPRM proposed to 
require repetitive inspections of the skin hidden by the upper and 
lower splice fittings on both sides of the fuselage, and corrective 
action if necessary. We are issuing this AD to detect and correct 
fatigue cracking of the hidden fuselage skin and cracking, corrosion, 
and other damage to the splice fittings and adjacent visible fuselage 
skin and structure that could lead to loss of a primary load path 
between the fuselage and the wing box, and consequent reduced 
structural integrity of the airplane.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the NPRM and 
the FAA's response to each comment. Boeing stated that it concurs with 
the NPRM. United Parcel Service (UPS) and United Airlines stated that 
they have no comments on the NPRM. FedEx Express provided information 
on how the NPRM affects its fleet but made no requests.

Request Clarification on the Effect of Winglets on Accomplishment of 
the Proposed Actions

    Aviation Partners Boeing stated that accomplishing Supplemental 
Type Certificate (STC) ST01920SE (http://rgl.faa.gov/
Regulatory_and_Guidance_Library/rgstc.nsf/0/
59027f43b9a7486e86257b1d006591ee/$FILE/ST01920SE.pdf) does not affect 
the actions specified in the NPRM.
    We concur with the commenter. We have redesignated paragraph (c) of 
the proposed AD as paragraph (c)(1) of this AD and added new paragraph 
(c)(2) to this AD to state that installation of STC ST01920SE does not 
affect the ability to accomplish the actions required by this AD. 
Therefore, for airplanes on which STC ST01920SE is installed, a 
``change in product'' alternative method of compliance (AMOC) approval 
request is not necessary to comply with the requirements of 14 CFR 
39.17.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this AD with the change described previously and minor editorial 
changes. We have determined that these minor changes:
    <bullet> [Agr]re consistent with the intent that was proposed in 
the NPRM for correcting the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    We also determined that these changes will not increase the 
economic

[[Page 8643]]

burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 767-53A0263, dated 
January 12, 2015. The service information describes procedures for 
repetitive inspections of the skin and splice fittings at stringer 29, 
body station 786 ring chord. This service information is reasonably 
available because the interested parties have access to it through 
their normal course of business or by the means identified in the 
ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 430 airplanes of U.S. registry. We 
estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                  Cost on U.S.
             Action                     Labor cost           Parts cost     Cost per product       operators
----------------------------------------------------------------------------------------------------------------
Inspection.....................  9 work-hours x $85 per               $0   $765 per            $328,950 per
                                  hour = $765 per                           inspection cycle.   inspection
                                  inspection cycle.                                             cycle.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in this AD.

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):

2016-04-07 The Boeing Company: Amendment 39-18401; Docket No. FAA-
2015-2456; Directorate Identifier 2015-NM-032-AD.

(a) Effective Date

    This AD is effective March 28, 2016.

(b) Affected ADs

    None.

 (c) Applicability

    (1) This AD applies to all The Boeing Company Model 767-200, -
300, -300F, and -400ER series airplanes, certificated in any 
category.
    (2) Installation of Supplemental Type Certificate (STC) 
ST01920SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/
rgstc.nsf/0/59027f43b9a7486e86257b1d006591ee/$FILE/ST01920SE.pdf) 
does not affect the ability to accomplish the actions required by 
this AD. Therefore, for airplanes on which STC ST01920SE is 
installed, a ``change in product'' alternative method of compliance 
(AMOC) approval request is not necessary to comply with the 
requirements of 14 CFR 39.17.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports of cracking at a central part of 
the structure that includes the station 786 ring chord at the 
tension bolt hole common to the wing front spar lower chord and the 
internal bathtub fittings. We are issuing this AD to detect and 
correct fatigue cracking of the hidden fuselage skin and cracking, 
corrosion, and other damage to the splice fittings and adjacent 
visible fuselage skin and structure that could lead to loss of a 
primary load path between the fuselage and the wing box, and 
consequent reduced structural integrity of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Inspection

    At the applicable time specified in paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin 767-53A0263, dated 
January 12, 2015, except as required by paragraph (h) of this AD, do 
external ultrasonic and detailed inspections to detect cracking, 
corrosion, or other damage at the splice fitting location, in 
accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin 767-53A0263, dated January 12, 2015.
    (1) If any cracking, corrosion, or other damage is not found, 
repeat the inspections at intervals not to exceed 6,000 flight 
cycles or 18,000 flight hours, whichever occurs first. Accomplishing 
a repair as specified in paragraph (g)(2) of this AD terminates the 
repetitive inspections in the repaired area only.
    (2) If any cracking, corrosion, or other damage is found, before 
further flight, repair using a method approved in accordance with 
the procedures specified in paragraph (i) of this AD. The repetitive 
inspections of paragraph (g)(1) are terminated in the repaired area 
only.

(h) Exception to Service Information Specifications

    Where Boeing Alert Service Bulletin 767-53A0263, dated January 
12, 2015, specifies a compliance time ``after the original issue 
date

[[Page 8644]]

of this Service Bulletin,'' this AD requires compliance within the 
specified compliance time after the effective date of this AD.

(i) Alternative Methods of Compliance (AMOCs)

    (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 paragraph (j) of this AD. 
Information may be emailed to: <a href="/cdn-cgi/l/email-protection#8db4a0ccc3c0a0dee8ecf9f9e1e8a0cccec2a0ccc0c2cea0dfe8fcf8e8fef9fecdebececa3eae2fb"><span class="__cf_email__" data-cfemail="fdc4d0bcb3b0d0ae989c89899198d0bcbeb2d0bcb0b2bed0af988c88988e898ebd9b9c9cd39a928b">[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, modification, or alteration 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. To be approved, the 
repair method, modification deviation, or alteration deviation must 
meet the certification basis of the airplane, and the approval must 
specifically refer to this AD.
    (4) For service information that contains steps that are labeled 
as Required for Compliance (RC), the provisions of paragraphs 
(i)(4)(i) and (i)(4)(ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step 
and any figures identified in an RC step, must be done to comply 
with the AD. An AMOC is required for any deviations to RC steps, 
including substeps and identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted 
methods in accordance with the operator's maintenance or inspection 
program without obtaining approval of an AMOC, provided the RC 
steps, including substeps and identified figures, can still be done 
as specified, and the airplane can be put back in an airworthy 
condition.

(j) Related Information

    For more information about this AD, contact Wayne Lockett, 
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle ACO, 
1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6447; 
fax: 425-917-6590; email: <a href="/cdn-cgi/l/email-protection#2e594f57404b0042414d454b5a5a6e484f4f00494158"><span class="__cf_email__" data-cfemail="d6a1b7afb8b3f8bab9b5bdb3a2a296b0b7b7f8b1b9a0">[email&#160;protected]</span></a>.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Alert Service Bulletin 767-53A0263, dated January 12, 
2015.
    (ii) Reserved.
    (3) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax 206-766-5680; Internet <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>.
    (4) You may view this service information at FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For 
information on the availability of this material at the FAA, call 
425-227-1221.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Renton, Washington on February 10, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-03456 Filed 2-19-16; 8:45 am]
 BILLING CODE 4910-13-P