AD 2017-05-06

[Federal Register Volume 82, Number 41 (Friday, March 3, 2017)]
[Rules and Regulations]
[Pages 12410-12412]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2017-03964]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-7423; Directorate Identifier 2016-NM-034-AD; 
Amendment 39-18816; AD 2017-05-06]
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 767-200 and -300 series airplanes. This AD was 
prompted by an evaluation by the design approval holder (DAH) 
indicating that the frame-to-floor-beam joints and frames common to 
shear ties at certain locations of fuselage structure are subject to 
widespread fatigue damage (WFD). This AD requires inspections for 
cracking of certain frame inner chords and webs common to the floor 
beam joint and at frames common to the shear ties at certain sections, 
and corrective action if necessary. We are issuing this AD to address 
the unsafe condition on these products.

DATES: This AD is effective April 7, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 7, 
2017.

ADDRESSES: For service information identified in this final rule, 
contact Boeing Commercial Airplanes, Attention: Contractual & Data 
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 
90740-5600; telephone 562-797-1717; 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-2016-
7423.

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-2016-
7423; 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, 
1601 Lind Avenue SW., Renton, WA 98057 3356; phone: 425-917-6447; fax: 
425-917-6590; email: <a href="/cdn-cgi/l/email-protection#a7d0c6dec9c289cbc8c4ccc2d3d3e7c1c6c689c0c8d1"><span class="__cf_email__" data-cfemail="f780968e9992d99b98949c928383b7919696d9909881">[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 767-200 and -300 series airplanes. The NPRM published in the 
Federal Register on July 7, 2016 (81 FR 44246). The NPRM was prompted 
by an evaluation by the DAH indicating that the frame-to-floor-beam 
joints and frames common to shear ties at certain locations of fuselage 
structure are subject to WFD. The NPRM proposed to require repetitive 
inspections for cracking of the frame inner chords and webs common to 
the floor beam joint and at frames common to the shear ties at certain 
sections on the left and right fuselage sides, and corrective action if 
necessary. We are issuing this AD to detect and correct cracking of the 
frame inner chords and webs common to the floor beam joint and at 
frames common to the shear ties at certain sections on the left and 
right fuselage sides, which could result in 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.

Support for the NPRM

    Boeing and United Airlines expressed support for the NPRM.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that accomplishing the Supplemental 
Type Certificate (STC) ST01920SE does not affect the ability to 
accomplish the actions specified in the NPRM.
    We concur with the commenter. We have redesignated paragraph (c) of 
the proposed AD as (c)(1) and added 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 final rule. 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 changes described previously and minor editorial 
changes. We have determined that these minor changes:

[[Page 12411]]

    <bullet> Are 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 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 767-53A0265, Revision 1, 
dated March 18, 2016. The service information describes procedures for 
doing a detailed inspection and a surface high frequency eddy current 
(HFEC) inspection for cracking of the frame inner chord and web common 
to the floor beam joint in sections 41 and 43 on the left and right 
sides, a detailed inspection and a surface HFEC inspection for cracking 
of the section 43 and 46 frames common to the shear ties on the left 
and right sides, and repair. 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 306 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
          Action                   Labor cost         Parts cost     Cost per product     Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Inspections...............  Up to 350 work-hours x           $0   Up to $29,750 per       Up to $9,103,500 per
                             $85 per hour = $29,750                inspection cycle.       inspection cycle.
                             per inspection cycle.
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    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):

2017-05-06 The Boeing Company: Amendment 39-18816; Docket No. FAA-
2016-7423; Directorate Identifier 2016-NM-034-AD.

(a) Effective Date

    This AD is effective April 7, 2017.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to all The Boeing Company Model 767-200 and 
-300 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 an evaluation by the design approval 
holder (DAH) indicating that the frame-to-floor-beam joints and 
frames common to shear ties at certain locations of fuselage 
structure are subject to widespread fatigue damage (WFD). We are 
issuing this AD to detect and correct cracking of the frame inner 
chords and webs common to the floor beam joint and at frames common 
to the shear ties at certain sections on the left and right fuselage 
sides, which could result in reduced structural integrity of the 
airplane.

(f) Compliance

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

(g) Inspections and Corrective Actions

    Except as provided by paragraph (h) of this AD, at the 
applicable time specified in paragraph 1.E., ``Compliance,'' of 
Boeing Alert Service Bulletin 767-53A0265, Revision 1, dated March 
18, 2016 (``ASB 767-53A0265, R1''): Do the actions required in 
paragraphs (g)(1) and (g)(2) of this AD, and

[[Page 12412]]

do all applicable corrective actions, in accordance with the 
Accomplishment Instructions of ASB 767-53A0265, R1. Do all 
applicable corrective actions before further flight. Repeat the 
inspections specified in paragraphs (g)(1) and (g)(2) of this AD 
thereafter at the applicable intervals specified in paragraph 1.E., 
``Compliance,'' of ASB 767-53A0265, R1.
    (1) Do a detailed inspection and a surface high frequency eddy 
current (HFEC) inspection for cracking of the frame inner chord and 
web common to the floor beam joint in sections 41 and 43 on the left 
and right sides.
    (2) Do a detailed inspection and a surface HFEC inspection for 
cracking of the section 43 and 46 frames common to the shear ties on 
the left and right sides.

(h) Service Information Exception

    Where ASB 767-53A0265, R1 specifies a compliance time ``after 
the original issue date of this service bulletin,'' this AD requires 
compliance within the specified compliance time after the effective 
date of this AD.

(i) Credit for Previous Actions

    This paragraph provides credit for the actions specified in 
paragraph (g) of this AD, if those actions were performed before the 
effective date of this AD using Boeing Alert Service Bulletin 767-
53A0265, dated March 18, 2015.

(j) 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 (k)(1) of this AD. 
Information may be emailed to: <a href="/cdn-cgi/l/email-protection#0b32264a454626586e6a7f7f676e264a4844264a46444826596e7a7e6e787f784b6d6a6a256c647d"><span class="__cf_email__" data-cfemail="a49d89e5eae989f7c1c5d0d0c8c189e5e7eb89e5e9ebe789f6c1d5d1c1d7d0d7e4c2c5c58ac3cbd2">[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 
(j)(4)(i) and (j)(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. If a step or substep is labeled ``RC Exempt,'' then the 
RC requirement is removed from that step or substep. 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.

(k) Related Information

    (1) For more information about this AD, contact Wayne Lockett, 
Aerospace Engineer, Airframe Branch, ANM-120S, Seattle ACO, FAA, 
1601 Lind Avenue SW., Renton, WA 98057 3356; phone: 425-917-6447; 
fax: 425-917-6590; email: <a href="/cdn-cgi/l/email-protection#f582948c9b90db999a969e908181b5939494db929a83"><span class="__cf_email__" data-cfemail="1e697f67707b3072717d757b6a6a5e787f7f30797168">[email&#160;protected]</span></a>.
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (l)(3) and (l)(4) of this AD.

(l) 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 767-53A0265, Revision 1, dated 
March 18, 2016.
    (ii) Reserved.
    (3) For Boeing service information identified in this AD, 
contact Boeing Commercial Airplanes, Attention: Contractual & Data 
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 
90740-5600; telephone 562-797-1717; Internet <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>.
    (4) You may view this 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.
    (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 17, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-03964 Filed 3-2-17; 8:45 am]
 BILLING CODE 4910-13-P