AD 2021-10-19

[Federal Register Volume 86, Number 101 (Thursday, May 27, 2021)]
[Rules and Regulations]
[Pages 28483-28486]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-11065]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0862; Project Identifier 2019-NM-121-AD; Amendment 
39-21552; AD 2021-10-19]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain The Boeing Company Model 767-200, -300, -300F, and -400ER 
series airplanes. This AD was prompted by a determination that new or 
more restrictive airworthiness limitations (AWLs) are necessary. This 
AD requires revising the existing maintenance or inspection program, as 
applicable, to incorporate new or more restrictive airworthiness 
limitations. The FAA is issuing this AD to address the unsafe condition 
on these products.

DATES: This AD is effective July 1, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of July 1, 2021.

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 service information at the 
FAA, Airworthiness Products Section, Operational Safety Branch, 2200 
South 216th St., Des Moines, WA. For information on the availability of 
this material at the FAA, call 206-231-3195. It is also available at 
<a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. 
FAA-2019-0862.

Examining the AD Docket

    You may examine the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by 
searching for and locating Docket No. FAA-2019-0862; or in person at 
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The AD docket contains this final rule, any 
comments received, and other information. The address for Docket 
Operations is 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 Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des 
Moines, WA 98198; phone and fax: 206-231-3524; email: 
<a href="/cdn-cgi/l/email-protection#9becfae2f5feb5f7f4f8f0feefefdbfdfafab5fcf4ed"><span class="__cf_email__" data-cfemail="5d2a3c2433387331323e363829291d3b3c3c733a322b">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain The Boeing 
Company Model 767-200, -300, -300F, and -400ER series airplanes. The 
NPRM published in the Federal Register on November 7, 2019 (84 FR 
60007). The NPRM was prompted by a determination that new or more 
restrictive AWLs are necessary. In the NPRM, the FAA proposed to 
require revising the existing maintenance or inspection program, as 
applicable, to incorporate new or more restrictive AWLs.
    The FAA issued a supplemental notice of proposed rulemaking (SNPRM) 
to amend 14 CFR part 39 by adding an AD that would apply to certain The 
Boeing Company Model 767-200, -300, -300F, and -400ER series airplanes. 
The SNPRM published in the Federal Register on February 24, 2021 (86 FR 
11158). The SNPRM was prompted by a determination that new or more 
restrictive AWLs are necessary. The SNPRM proposed to add airplanes to 
the applicability, and to require revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive AWLs. The FAA is issuing this AD to address inadequate AWL 
and damage tolerance rating (DTR) values in the maintenance or 
inspection program that reduce the probability of detection for 
foreseeable fatigue cracking of structurally significant items (SSIs). 
This condition, if not addressed, could result in the loss of limit 
load capability of an SSI as well as loss of continued safe flight and 
landing of the airplane.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from Boeing, FedEx Express, and United 
Airlines, who stated support for the SNPRM without change.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received, and determined that air safety requires

[[Page 28484]]

adopting this AD as proposed. Except for minor editorial changes, this 
AD is adopted as proposed in the SNPRM. None of the changes will 
increase the economic burden on any operator.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed the following service information, which specifies 
AWLs for structural inspections and structural safe life limits, among 
other limitations. These documents are distinct since they apply to 
different airplane configurations.
    <bullet> Boeing 767-200/300/300F/400ER Airworthiness Limitations 
(AWLs), D622T001-9-01, dated July 2020.
    <bullet> Boeing 767-200/300/300F/400ER Airworthiness Limitations--
Line Number Specific, D622T001-9-02, dated August 2020.
    The FAA also reviewed Boeing 767-200/300/300F/400ER Damage 
Tolerance Rating (DTR) Check Form Document, D622T001-DTR, dated 
February 2020. This service information includes the DTR check forms 
and the procedure for their use.
    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 ADDRESSES.

Costs of Compliance

    The FAA estimates that this AD affects 542 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:
    The FAA has determined that revising the existing maintenance or 
inspection program takes an average of 90 work-hours per operator, 
although the FAA recognizes that this number may vary from operator to 
operator. Since operators incorporate maintenance or inspection program 
changes for their affected fleet(s), the FAA has determined that a per-
operator estimate is more accurate than a per-airplane estimate. 
Therefore, the FAA estimates the total cost per operator to be $7,650 
(90 work-hours x $85 per work-hour).

                                     Estimated Costs of On-Condition Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Reporting.....................................  1 work-hour x $85 per hour = $85              $0             $85
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Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to a penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a currently valid OMB Control Number. The OMB 
Control Number for this information collection is 2120-0056. Public 
reporting for this collection of information is estimated to take 
approximately 1 hour per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. All responses to this collection of 
information are mandatory. Send comments regarding this burden estimate 
or any other aspect of this collection of information, including 
suggestions for reducing this burden to: Information Collection 
Clearance Officer, Federal Aviation Administration, 10101 Hillwood 
Parkway, Fort Worth, TX 76177-1524.

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.
    The FAA is 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) Will not affect intrastate aviation in Alaska, 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

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:

2021-10-19 The Boeing Company: Amendment 39-21552; Docket No. FAA-
2019-0862; Project Identifier 2019-NM-121-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective July 1, 2021.

(b) Affected ADs

    This AD affects AD 2014-14-04, Amendment 39-17899 (79 FR 44672, 
August 1, 2014) (AD 2014-14-04).

(c) Applicability

    (1) This AD applies to The Boeing Company Model 767-200, -300, -
300F, and -400ER series airplanes, certificated in any category, 
line numbers 1 through 1218 inclusive.

[[Page 28485]]

    (2) Installation of Supplemental Type Certificate (STC) 
ST01920SE affects the ability to accomplish some of 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 may be necessary to comply with the 
requirements of 14 CFR 39.17.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
Controls; 52, Doors; 53, Fuselage; 54, Nacelles/pylons; 55, 
Stabilizers; 57, Wings.

(e) Unsafe Condition

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations (AWLs) are necessary. The FAA 
is issuing this AD to address inadequate AWL and damage tolerance 
rating (DTR) values in the maintenance or inspection program that 
reduce the probability of detection for foreseeable fatigue cracking 
of structurally significant items (SSIs). This condition, if not 
addressed, could result in the loss of limit load capability of an 
SSI as well as loss of continued safe flight and landing of the 
airplane.

(f) Compliance

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

(g) Maintenance or Inspection Program Revision

    Within 24 months after the effective date of this AD, revise the 
existing maintenance or inspection program, as applicable, to 
incorporate the information specified in Boeing 767-200/300/300F/
400ER Airworthiness Limitations (AWLs), D622T001-9-01, dated July 
2020; and Boeing 767-200/300/300F/400ER Damage Tolerance Rating 
(DTR) Check Form Document, D622T001-DTR, dated February 2020. Except 
as specified in paragraph (h) of this AD, the initial compliance 
time for doing the tasks is at the time specified in Boeing 767-200/
300/300F/400ER Airworthiness Limitations (AWLs), D622T001-9-01, 
dated July 2020; and Boeing 767-200/300/300F/400ER Damage Tolerance 
Rating (DTR) Check Form Document, D622T001-DTR, dated February 2020; 
or within 24 months after the effective date of this AD; whichever 
occurs later.

(h) Exceptions

    (1) Where Boeing 767-200/300/300F/400ER Airworthiness 
Limitations (AWLs), D622T001-9-01, dated July 2020, specifies 
compliance times (``thresholds'') for wing tank sealant removal and 
ensuring sealant location limits are met, these actions must be 
accomplished within the compliance times specified in Boeing 767-
200/300/300F/400ER Airworthiness Limitations (AWLs), D622T001-9-01, 
dated July 2020; or at or before the next accomplishment of the 
specific Maintenance Planning Document (MPD) task, but no later than 
6 years after the effective date of this AD; whichever occurs later.
    (2) For any horizontal stabilizer pivot fitting lug (SSI 55-10-
I13A) on which a lug bore oversize repair has been accomplished: 
Within 24 months after the effective date of this AD, re-evaluate 
the repair and obtain revised inspection intervals, as applicable, 
in accordance with the procedures specified in paragraph (l) of this 
AD.
    (3) Where Boeing 767-200/300/300F/400ER Airworthiness 
Limitations (AWLs), D622T001-9-01, dated July 2020; and Boeing 767-
200/300/300F/400ER Damage Tolerance Rating (DTR) Check Form 
Document, D622T001-DTR, dated February 2020; specify to submit 
reports within 10 days, those reports may be submitted within 10 
days after the airplane is returned to service.
    (4) For airplanes having line numbers identified in Boeing 767-
200/300/300F/400ER Airworthiness Limitations--Line Number Specific, 
D622T001-9-02, dated August 2020: Revising the existing maintenance 
or inspection program, as applicable, to incorporate the information 
specified in Boeing 767-200/300/300F/400ER Airworthiness 
Limitations--Line Number Specific, D622T001-9-02, dated August 2020, 
is an acceptable method of compliance with paragraph (g) of this AD 
for the tasks specified in Boeing 767-200/300/300F/400ER 
Airworthiness Limitations--Line Number Specific, D622T001-9-02, 
dated August 2020, only. The initial compliance time for doing the 
tasks is at the time specified in Boeing 767-200/300/300F/400ER 
Airworthiness Limitations--Line Number Specific, D622T001-9-02, 
dated August 2020; or within 24 months after the effective date of 
this AD; whichever occurs later. For all other tasks specified in 
the service information identified in paragraph (g) of this AD, the 
requirements of paragraph (g) of this AD remain fully applicable and 
must be complied with.

(i) No Alternative Actions or Intervals

    After the existing maintenance or inspection program has been 
revised as required by paragraph (g) of this AD, no alternative 
actions (e.g., inspections) or intervals may be used unless the 
actions or intervals are approved as an alternative method of 
compliance (AMOC) in accordance with the procedures specified in 
paragraph (l) of this AD.

(j) Terminating Action for AD 2014-14-04

    Accomplishing the actions required by this AD terminates all 
requirements of AD 2014-14-04.

(k) Paperwork Reduction Act Burden Statement

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to a penalty 
for failure to comply with a collection of information subject to 
the requirements of the Paperwork Reduction Act unless that 
collection of information displays a current valid OMB Control 
Number. The OMB Control Number for this information collection is 
2120-0056. Public reporting for this collection of information is 
estimated to be approximately 1 hour per response, including the 
time for reviewing instructions, searching existing data sources, 
gathering and maintaining the data needed, and completing and 
reviewing the collection of information. All responses to this 
collection of information are mandatory. Send comments regarding 
this burden estimate or any other aspect of this collection of 
information, including suggestions for reducing this burden to 
Information Collection Clearance Officer, Federal Aviation 
Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524.

(l) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO Branch, 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 responsible Flight Standards Office, 
as appropriate. If sending information directly to the manager of 
the certification office, send it to the attention of the person 
identified in paragraph (m) of this AD. Information may be emailed 
to: <a href="/cdn-cgi/l/email-protection#e2dbcfa3acafcfb1878396968e87cfa3a1adcfa3afada1cfb087939787919691a2848383cc858d94"><span class="__cf_email__" data-cfemail="ac9581ede2e181ffc9cdd8d8c0c981edefe381ede1e3ef81fec9ddd9c9dfd8dfeccacdcd82cbc3da">[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 responsible Flight Standards 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 Company Organization Designation 
Authorization (ODA) that has been authorized by the Manager, Seattle 
ACO Branch, 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) AMOCs for repairs and alterations approved previously for AD 
2003-18-10, Amendment 39-13301 (68 FR 53503, September 11, 2003) (AD 
2003-18-10), and AD 2014-14-04 are approved as AMOCs for the 
corresponding actions specified in this AD. All other AMOCs for AD 
2003-18-10 and AD 2014-14-04 are not approved as AMOCs for this AD.
    (5) Repairs done before the effective date of this AD that meet 
the conditions specified in paragraphs (l)(5)(i) through (iii) of 
this AD are acceptable methods of compliance for the repaired area 
where the inspections of the baseline structure cannot be 
accomplished.
    (i) The repair was approved under both 14 CFR 25.571 and 14 CFR 
26.43(d) by The Boeing Company ODA that has been authorized by the 
Manager, Seattle ACO Branch, FAA, to make those findings.
    (ii) The repair approval provides an inspection program 
(inspection threshold, method, and repetitive interval).
    (iii) Operators revised their existing maintenance or inspection 
program, as applicable, to include the inspection program 
(inspection threshold, method, and repetitive interval) for the 
repair.

(m) Related Information

    For more information about this AD, contact Wayne Lockett, 
Aerospace Engineer, Airframe Section, FAA, Seattle ACO Branch, 2200 
South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3524; 
email: <a href="/cdn-cgi/l/email-protection#dfa8bea6b1baf1b3b0bcb4baabab9fb9bebef1b8b0a9"><span class="__cf_email__" data-cfemail="483f2931262d6624272b232d3c3c082e2929662f273e">[email&#160;protected]</span></a>.

[[Page 28486]]

(n) 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 767-200/300/300F/400ER Airworthiness Limitations 
(AWLs), D622T001-9-01, dated July 2020.
    (ii) Boeing 767-200/300/300F/400ER Airworthiness Limitations--
Line Number Specific, D622T001-9-02, dated August 2020.
    (iii) Boeing 767-200/300/300F/400ER Damage Tolerance Rating 
(DTR) Check Form Document, D622T001-DTR, dated February 2020.
    (3) For 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, 
Airworthiness Products Section, Operational Safety Branch, 2200 
South 216th St., Des Moines, WA. For information on the availability 
of this material at the FAA, call 206-231-3195.
    (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, email <a href="/cdn-cgi/l/email-protection#e98f8c8d9b8c8ec7858c8e8885a987889b88c78e869f"><span class="__cf_email__" data-cfemail="781e1d1c0a1d1f56141d1f19143816190a19561f170e">[email&#160;protected]</span></a>, or go to: <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued on May 5, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-11065 Filed 5-26-21; 8:45 am]
BILLING CODE 4910-13-P