Airworthiness Directives; Boeing Model 767 Airplanes, 12252-12256 [E9-5953]

Download as PDF 12252 Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Rules and Regulations TABLE 1—MATERIAL INCORPORATED BY REFERENCE Document Revision Date Dornier 328 Temporary Revision ALD–084 to the Dornier 328 Airworthiness Limitations Document. Dornier Service Bulletin SB–328–32–245 ...................................................... Messier-Dowty Service Bulletin 800–32–014 ................................................. Original .............................................. November 7, 2005. 2 ......................................................... 1 ......................................................... November 21, 2007. July 19, 1999. Messier-Dowty Service Bulletin 800–32– 014, Revision 1, dated July 19, 1999, contains the following effective pages: Page Nos. Revision level shown on page 1, 6–8, 10, 12 ................................................................... 2–5, 9, 11, 13, 14 ............................................................. 1 ....................................................................................... Original ............................................................................ (1) The Director of the Federal Register approved the incorporation by reference of this service information under 5 U.S.C. 552(a) and 1 CFR part 51. (2) For Dornier service information identified in this AD, contact 328 Support Services GmbH, Global Support Center, P.O. Box 1252, D–82231 Wessling, Federal Republic of Germany; telephone +49 8153 88111 6666; fax +49 8153 88111 6565; e-mail gsc.op@328support.de; Internet https:// www.328support.de. (3) For Messier-Dowty service information identified in this AD, contact Messier Services Americas, Customer Support Center, 45360 Severn Way, Sterling, Virginia 20166– 8910; telephone 703–450–8233; fax 703–404– 1621; Internet https:// techpubs.services.messier-dowty.com. (4) 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 or 425–227–1152. (5) 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 NARA, call 202–741–6030, or go to: https://www.archives.gov/federal_register/ code_of_federal_regulations/ ibr_locations.html. Issued in Renton, Washington, on February 27, 2009. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E9–5955 Filed 3–23–09; 8:45 am] mstockstill on PROD1PC66 with RULES BILLING CODE 4910–13–P VerDate Nov<24>2008 01:02 Mar 24, 2009 Jkt 217001 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2006–25390; Directorate Identifier 2005–NM–224–AD; Amendment 39–15844; AD 2009–06–08] RIN 2120–AA64 Airworthiness Directives; Boeing Model 767 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 767 airplanes. This AD requires repetitive inspections for cracking of the wing skin, and related investigative/corrective actions if necessary. This AD results from reports of cracks found in the lower wing skin originating at the forward tension bolt holes of the aft pitch load fitting. We are issuing this AD to detect and correct cracking in the lower wing skin for the forward tension bolt holes at the aft pitch load fitting, which could result in a fuel leak and reduced structural integrity of the airplane. DATES: This AD becomes effective April 28, 2009. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of April 28, 2009. ADDRESSES: For service information identified in this AD, contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124–2207; telephone 206–544–9990; fax 206–766– 5682; e-mail DDCS@boeing.com; Internet https:// www.myboeingfleet.com. PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 Date shown on page July 19, 1999. January 18, 1999. Examining the AD Docket You may examine the AD docket on the Internet at https:// 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 (telephone 800–647–5527) is the 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: Tamara Anderson, Aerospace Engineer, Airframe Branch, ANM–120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 917-6421; fax (425) 917–6590. SUPPLEMENTARY INFORMATION: Discussion The FAA issued a supplemental notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to certain Boeing Model 767 airplanes. That supplemental NPRM was published in the Federal Register on May 23, 2008 (73 FR 30009). That supplemental NPRM proposed to require repetitive inspections for cracking of the wing skin, and related investigative/corrective actions if necessary. Comments We provided the public the opportunity to participate in the development of this AD. We have considered the comments received. Support for the Supplemental NPRM Boeing concurs with the contents of the proposed rule. E:\FR\FM\24MRR1.SGM 24MRR1 Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Rules and Regulations Request To Revise Compliance Time in Paragraph (f)(1) of the Supplemental NPRM Continental Airlines requests that we change the compliance time in paragraph (f)(1) of the supplemental NPRM from ‘‘prior to the accumulation of 10,000 total flight cycles or 30,000 total flight hours, whichever occurs first’’ to ‘‘prior to the accumulation of 10,000 total flight cycles or 50,000 total flight hours, whichever occurs first.’’ Continental states that the reported cracks have been on airplanes with moderate (13,000+) to high (20,000+) to very high (37,000+) total flight cycles. According to Continental, in all cases but one, all of the findings have been on airplanes with moderate (44,000+) to high (67,000+) flight hours. Further, Continental states that in the case of the one airplane with high flight cycles (20,000+) and low flight hours (less than 23,000 hours), cyclic stresses have played a major role. We disagree with the request to change the compliance time. The manufacturer set the flight-hour threshold based on equivalent fatigue damage caused by flight hours as compared to flight cycles. The threshold for inspection is set below where the cracking is found. Setting the threshold at 50,000 total flight hours would set the threshold above five of eight reports. We have not changed the AD in this regard. However, under the provisions of paragraph (o) of this AD, we will consider requests for approval of an alternative compliance time if sufficient data are submitted to substantiate that the change in compliance time would provide an acceptable level of safety. mstockstill on PROD1PC66 with RULES Request To Revise Compliance Time in Paragraph (h) of the Supplemental NPRM UPS requests that we change the flight-cycle threshold for the inspection specified in paragraph (h) of the supplemental NPRM. UPS recommends that the compliance time be 16,500 flight cycles from the last accomplishment of the inspection required by paragraph (g) of this AD, rather than 3,000 flight cycles. UPS states that the open-hole high frequency eddy current (HFEC) inspection is set up such that a crack originating at the forward tension bolt hole of the aft pitch load fitting would be detected at the crack initiation. UPS adds that the corresponding interval of 16,500 flight cycles is such that if a crack were to develop immediately following the initial bolt open-hole HFEC inspection, it would not grow to a critical size VerDate Nov<24>2008 01:02 Mar 24, 2009 Jkt 217001 before detection at the next inspection interval of 16,500 flight cycles. We disagree with the request to revise the compliance time. The external inspection specified in Part 1 of the Accomplishment Instructions of Boeing Service Bulletin 767–57A0097, Revision 1, dated October 18, 2007, will not detect cracks that are hidden by the fitting, but will detect these cracks only when a crack grows beyond the fitting. In particular, the Part 1 inspection will not detect large cracks growing aft that are hidden by the fitting. Also, there is a preload in the skin due to ‘‘clamp-up stress’’ from the bolts. These clamp-up stresses add to uncertainty in the analysis. The 3,000-flight-cycle threshold will allow for additional opportunities to detect possible cracks once they grow beyond the fitting. In addition, the open-hole HFEC inspection does not detect cracks until they reach a detectable crack length. We have not changed the AD in this regard. However, under the provisions of paragraph (o) of this AD, we will consider requests for approval of an alternative compliance time if sufficient data are submitted to substantiate that the change in compliance time would provide an acceptable level of safety. Request To Change ‘‘and’’ to ‘‘or’’ in Paragraph (g)(1) of the Supplemental NPRM UPS requests that we change the ‘‘and’’ in paragraph (g)(1) of the supplemental NPRM to an ‘‘or.’’ That part of paragraph (g)(1) of the supplemental NPRM states, ‘‘Do the inspection at the later time specified in paragraph (g)(1)(i) and (g)(1)(ii) of this AD.’’ UPS interprets that the intent of paragraph (g)(1)(ii) of the supplemental NPRM is to allow airplanes that are approaching or have surpassed the paragraph (g)(1)(i) threshold a reasonable timeframe to accomplish Part 2 of the Accomplishment Instructions of Boeing Service Bulletin 767–57A0097, Revision 1, dated October 18, 2007. UPS also states that similar paragraphs elsewhere in the NPRM use ‘‘or’’ rather than ‘‘and.’’ We agree with the request to change the ‘‘and’’ to an ‘‘or’’ for the reasons stated. We have revised paragraph (g)(1) of this AD accordingly. We have also revised paragraph (g)(2) of this AD to make the same change for consistency. Request To Limit Wording to Repaired Fastener Holes Only UPS requests that we revise the wording in paragraph (j)(1) of the supplemental NPRM to change ‘‘the repaired wing only’’ to ‘‘repaired fastener hole(s) only.’’ UPS states that, PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 12253 as the supplemental NPRM is written, a freeze plug repair on either the inboard or outboard forward tension bolt hole of the aft pitch load fitting would end the repetitive inspections of paragraphs (f) and (g) of the supplemental NPRM for both the inboard and outboard forward tension bolt holes on that wing. We disagree with the request to change the wording in paragraph (j)(1) of this AD. Our intention is that after doing the freeze plug repair specified in paragraph (j)(1) of this AD, the inspections specified in paragraphs (f) and (g) of this AD need not be done for the repaired wing and not just for the repaired fastener hole(s) as the commenter suggests. Instead of the inspections required by paragraphs (f) and (g) of this AD, the inspections required by paragraph (k) of this AD must be done. We have not changed the AD in this regard. Request To Expand Inspection Area in Service Bulletin Continental requests that Boeing Service Bulletin 767–57A0097, Revision 1, dated October 18, 2007 (‘‘the service bulletin’’), include instructions for what to do if an operator finds cracks in the expanded area of inspection beyond the two bolt holes; or, as an option, a statement to contact Boeing for further disposition. Continental points out that Part 2 of the Work Instructions in the service bulletin provides disposition for any finding around the two bolt hole areas only. We disagree that instructions need to be added. The inspections specified in Part 1 of the service bulletin are accomplished as given in Figure 3 of the service bulletin. The accomplishment instructions in Part 1 of the service bulletin give instructions for repairing any crack before further flight. The instructions in Figure 3 of the service bulletin specify that operators should contact ‘‘The Boeing Company’’ for repair instructions. Paragraph (l) of this AD states that where the service bulletin specifies to contact Boeing for appropriate action, operators must repair the cracking using a method approved in accordance with the procedures specified in paragraph (o) of this AD. We have not changed the AD in this regard. Conclusion We have carefully reviewed the available data, including the comments received, and determined that air safety and the public interest require adopting the AD with the change described previously. We have determined that this change will neither increase the E:\FR\FM\24MRR1.SGM 24MRR1 12254 Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Rules and Regulations economic burden on any operator nor increase the scope of the AD. Costs of Compliance There are about 918 airplanes of the affected design in the worldwide fleet, and about 387 airplanes of U.S. Registry. The following table provides the estimated costs, at an average labor rate of $80 per hour, for U.S. operators to comply with this AD. ESTIMATED COSTS Work hours Action Parts Cost per airplane Repetitive inspections, per inspection cycle (Part 1). Inspection, rework, and bolt installation (Part 2) .... 8 None .............................. 8 Repetitive inspections for certain airplanes (Part 4). 4 Between $303 and $12,716. None .............................. 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. mstockstill on PROD1PC66 with RULES Regulatory Findings We have determined that 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); 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. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. VerDate Nov<24>2008 01:02 Mar 24, 2009 Jkt 217001 $640, per inspection cycle. Between $943 and $13,356. $320, per inspection cycle. See the ADDRESSES section for a location to examine the regulatory evaluation. 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 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration (FAA) amends § 39.13 by adding the following new airworthiness directive (AD): ■ 2009–06–08 Boeing: Amendment 39–15844. Docket No. FAA–2006–25390; Directorate Identifier 2005–NM–224–AD. Effective Date (a) This AD becomes effective April 28, 2009. Affected ADs (b) None. Applicability (c) This AD applies to Boeing Model 767– 200, –300, –300F, and –400ER series airplanes, certificated in any category; as identified in Boeing Service Bulletin 767– 57A0097, Revision 1, dated October 18, 2007. Unsafe Condition (d) This AD results from reports of cracks found in the lower wing skin originating at the forward tension bolt holes of the aft pitch load fitting. We are issuing this AD to detect and correct cracking in the lower wing skin for the forward tension bolt holes at the aft pitch load fitting, which could result in a fuel leak and reduced structural integrity of the airplane. PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 Fleet cost $247,680. Between $364,941, and $5,168,772. $123,840, per inspection cycle. Compliance (e) You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. External Inspections of the Wing Skin (f) For airplanes identified as Group 1, Configuration 1, 2, 3, or 6; Group 2, Configuration 1, 2, 3, or 6; and Group 3, Configuration 1 or 3; in Boeing Service Bulletin 767–57A0097, Revision 1, dated October 18, 2007: At the later of the times specified in paragraph (f)(1) or (f)(2) of this AD, perform the detailed inspection and the external high frequency eddy current (HFEC) or dye penetrant inspections for cracking as specified in Part 1 of the Accomplishment Instructions of Boeing Service Bulletin 767– 57A0097, Revision 1, dated October 18, 2007. Repeat the inspections at intervals not to exceed 3,000 flight cycles or 12,000 flight hours, whichever occurs first, until the actions required by paragraph (g) or (j) of this AD are accomplished. (1) Prior to the accumulation of 10,000 total flight cycles or 30,000 total flight hours, whichever occurs first. (2) Within 3,000 flight cycles or 12,000 flight hours after the effective date of this AD, whichever occurs first. Internal Inspections of the Wing Skin (g) For airplanes identified in paragraphs (g)(1) and (g)(2) of this AD: Perform the bolt open-hole inspections for cracking in accordance with Part 2 of the Accomplishment Instructions of Boeing Service Bulletin 767–57A0097, Revision 1, dated October 18, 2007, at the times specified in paragraph (g)(1) or (g)(2) of this AD, as applicable, until the requirement of paragraphs (h) or (j)(1) of this AD are accomplished. Doing the actions in this paragraph terminates the requirements of paragraph (f) of this AD. (1) For airplanes on which the modifications of the nacelle strut and wing structure specified in any service bulletin listed in Table 1 of this AD have been done: Do the inspection at the later time specified in paragraph (g)(1)(i) or (g)(1)(ii) of this AD. Repeat the inspections at intervals not to exceed 16,500 flight cycles or 65,000 flight hours, whichever occurs first. (i) Within 16,500 flight cycles or 65,000 flight hours, whichever occurs earlier, after E:\FR\FM\24MRR1.SGM 24MRR1 Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Rules and Regulations accomplishment of a service bulletin identified in Table 1 of this AD. 12255 (ii) Within 3,000 flight cycles or 12,000 flight hours after the effective date of this AD, whichever occurs first. TABLE 1—THRESHOLD SERVICE BULLETINS Boeing Service Bulletin— Revision level— Dated— 767–54–0080 767–54–0080 767–54–0081 767–54–0081 767–54–0082 767–54–0082 767–54–0082 Original ............................................................................ 1 ....................................................................................... Original ............................................................................ 1 ....................................................................................... Original ............................................................................ 1 ....................................................................................... 3 ....................................................................................... October 7, 1999. May 9, 2002. July 29, 1999. February 7, 2002. October 28, 1999. November 4, 2004. September 20, 2007. .................................................................... .................................................................... .................................................................... .................................................................... .................................................................... .................................................................... .................................................................... (2) For airplanes on which the modifications of the nacelle strut and wing structure specified in any service bulletin listed in Table 1 of this AD have not been done: Do the inspection at the later of the times specified in paragraph (g)(2)(i) or (g)(2)(ii) of this AD. Repeat the inspections at intervals not to exceed 16,500 flight cycles or 65,000 flight hours, whichever occurs first. (i) Before the accumulation of 20,000 total flight cycles or 60,000 total flight hours, whichever occurs earlier. (ii) Within 72 months after the effective date of this AD. mstockstill on PROD1PC66 with RULES Acceptable Method of Compliance With Paragraph (g) of This AD (h) For all airplanes: Doing the actions in both paragraphs (h)(1) and (h)(2) of this AD is an acceptable method of compliance for the repetitive inspection requirements of paragraph (g) of this AD after the initial paragraph (g) inspection is accomplished. (1) Accomplishing the inspections specified in Part 1 of the Accomplishment Instructions of Boeing Service Bulletin 767– 57A0097, Revision 1, dated October 18, 2007, within 3,000 flight cycles or 12,000 flight hours, whichever occurs first, after the accomplishment of the most recent inspection done in accordance with paragraph (g) of this AD (Part 2 of the Accomplishment Instructions of Boeing Service Bulletin 767–57A0097, Revision 1, dated October 18, 2007). (2) Repeating the inspections specified in Part 1 of the Accomplishment Instructions of Boeing Service Bulletin 767–57A0097, Revision 1, dated October 18, 2007, at intervals not to exceed 3,000 flight cycles or 12,000 flight hours, whichever occurs first. Repair of Cracking (i) If cracking is found during any inspection required by paragraph (f) or (h) of this AD: Before further flight, repair in accordance with the procedures specified in paragraph (o) of this AD. (j) If cracking is found during any inspection required by paragraph (g) of this AD: Before further flight, oversize the fastener hole in accordance with Part 2 of the Accomplishment Instructions of Boeing Service Bulletin 767–57A0097, Revision 1, dated October 18, 2007, except as provided by paragraphs (j)(1) and (j)(2) of this AD. (1) If any cracking cannot be removed by oversizing the fastener hole in accordance with Part 2 of the Accomplishment VerDate Nov<24>2008 01:02 Mar 24, 2009 Jkt 217001 Instructions of Boeing Service Bulletin 767– 57A0097, Revision 1, dated October 18, 2007, before further flight, accomplish the freeze plug repair in accordance with Part 3 of the Accomplishment Instructions of Boeing Service Bulletin 767–57A0097, Revision 1, dated October 18, 2007, except as provided by paragraph (j)(2) of this AD. Accomplishing the freeze plug repair ends the repetitive inspections required by paragraphs (f) and (g) of this AD for the repaired wing only. (2) If any cracking is outside the limits specified for the freeze plug repair in Part 3 of the Accomplishment Instructions of Boeing Service Bulletin 767–57A0097, Revision 1, dated October 18, 2007, before further flight, repair in accordance with the procedures specified in paragraph (o) of this AD. Repetitive Inspections Required After Freeze Plug Repair (k) For airplanes on which of the requirements of paragraph (j)(1) of this AD have been accomplished, perform the repetitive inspections specified in paragraphs (k)(1) and (k)(2) of this AD at the times specified. (1) At the later time in paragraph (k)(1)(i) or (k)(1)(ii) of this AD: Accomplish the external inspections specified in Part 1 of the Accomplishment Instructions of Boeing Service Bulletin 767–57A0097, Revision 1, dated October 18, 2007. If any cracking is found during any inspection required by this paragraph, before further flight, repair in accordance with the procedures specified in paragraph (o) of this AD. Repeat the external inspections at intervals not to exceed 3,000 flight cycles or 12,000 flight hours, whichever occurs earlier. (i) Prior to the accumulation of 37,500 total flight cycles or 90,000 total flight hours, whichever occurs earlier. (ii) Within 18 months after accomplishment of the freeze plug repair specified in Part 3 of the Accomplishment Instructions of Boeing Service Bulletin 767– 57A0097, Revision 1, dated October 18, 2007. (2) At the later of the times specified in paragraph (k)(2)(i) or (k)(2)(ii) of this AD: Perform an internal HFEC for cracking, in accordance with Part 4 of the Accomplishment Instructions of Boeing Service Bulletin 767–57A0097, Revision 1, dated October 18, 2007. If any cracking is found during any inspection required by this paragraph, before further flight, repair in accordance with the procedures specified in PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 paragraph (o) of this AD. Repeat the inspections at intervals not to exceed 12,000 flight cycles or 48,000 flight hours, whichever occurs earlier. (i) Prior to the accumulation of 37,500 total flight cycles or 90,000 total flight hours, whichever occurs earlier. (ii) Within 72 months after accomplishment of the freeze plug repair specified in Part 3 of the Accomplishment Instructions of Boeing Service Bulletin 767– 57A0097, Revision 1, dated October 18, 2007. Repair of Certain Cracking (l) If any cracking is found during any inspection required by this AD, and Boeing Service Bulletin 767–57A0097, Revision 1, dated October 18, 2007, specifies to contact Boeing for appropriate action: Before further flight, repair the cracking using a method approved in accordance with the procedures specified in paragraph (o) of this AD. No Reporting Requirement (m) Although Boeing Service Bulletin 767– 57A0097, Revision 1, dated October 18, 2007, specifies to submit certain information to the manufacturer, this AD does not include that requirement. Credit for Actions Accomplished Previously (n) Actions done before the effective date of this AD in accordance with Boeing Alert Service Bulletin 767–57A0097, dated September 29, 2005, are acceptable for compliance with the corresponding requirements of this AD. Alternative Methods of Compliance (AMOCs) (o)(1) The Manager, Seattle Aircraft Certification Office (ACO), FAA, ATTN: Tamara Anderson, Aerospace Engineer, Airframe Branch, ANM–120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057– 3356; telephone (425) 917-6421; fax (425) 917–6590; has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. (2) To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. E:\FR\FM\24MRR1.SGM 24MRR1 12256 Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Rules and Regulations (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 an Authorized Representative for the Boeing Commercial Airplanes Delegation Option Authorization Organization who 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. Material Incorporated by Reference (p) You must use Boeing Service Bulletin 767–57A0097, Revision 1, dated October 18, 2007, 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 this 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 me.boecom@boeing.com; Internet https://www.myboeingfleet.com. (3) You may review copies of the service information that is incorporated by reference 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 or 425–227–1152. (4) You may also review copies of the service information 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: https://www.archives.gov/federal_register/ code_of_federal_regulations/ ibr_locations.html. Issued in Renton, Washington, on February 27, 2009. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E9–5953 Filed 3–23–09; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission 18 CFR Part 40 [Docket Nos. RM08–7–000 and RM08–7– 001; Order No. 713–A] Modification of Interchange and Transmission Loading Relief Reliability Standards; and Electric Reliability Organization Interpretation of Specific Requirements of Four Reliability Standards Issued March 19, 2009. AGENCY: Federal Energy Regulatory Commission. ACTION: Final rule. SUMMARY: Pursuant to section 215 of the Federal Power Act (FPA), the Federal Energy Regulatory Commission (Commission) approves Reliability Standard IRO–006–4, submitted to the Commission for approval by the North American Electric Reliability Corporation (NERC). The Reliability Standard addresses transmission loading relief requirements, which provide a mechanism to manage and, if necessary, curtail interchange transactions. In addition, pursuant to section 215(d)(5) of the FPA, the Commission directs NERC to develop modifications to Reliability Standard IRO–006–4 to address specific Commission concerns. DATES: Effective Date: This rule will become effective April 23, 2009. FOR FURTHER INFORMATION CONTACT: Patrick Harwood (Technical Information), Office of Electric Reliability, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, (202) 502– 6125, patrick.harwood@ferc.gov. Christopher Daignault (Legal Information), Office of the General Counsel, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, (202) 502– 8286, christopher.daignault@ferc.gov. SUPPLEMENTARY INFORMATION: TABLE OF CONTENTS Paragraph Numbers mstockstill on PROD1PC66 with RULES I. Background ............................................................................................................................................................................................ A. Procedural Background ................................................................................................................................................................ B. Reliability Standard IRO–006–4 .................................................................................................................................................. II. Discussion ............................................................................................................................................................................................ A. Approval of Reliability Standard IRO–006–4 ............................................................................................................................. 1. Transfer of Business-Related Requirements to NAESB ....................................................................................................... 2. Improvements to the TLR Procedure .................................................................................................................................... B. Requirement R1 ............................................................................................................................................................................ 1. Use of TLR Procedure in Conjunction With Other Procedures To Mitigate an IROL Violation ...................................... 2. Use of TLR Procedure Alone To Mitigate an IROL Violation ............................................................................................. 3. Use of Demand-Side Management To Mitigate IROL Violations ........................................................................................ C. Violation Risk Factors .................................................................................................................................................................. 1. Comments ............................................................................................................................................................................... 2. Commission Determination on Violation Risk Factors ....................................................................................................... 3. Commission Determination on Violation Severity Levels .................................................................................................. III. Information Collection Statement ...................................................................................................................................................... IV. Environmental Analysis ..................................................................................................................................................................... V. Regulatory Flexibility Act ................................................................................................................................................................... VI. Document Availability ....................................................................................................................................................................... VII. Effective Date and Congressional Notification ................................................................................................................................ 1. Pursuant to section 215 of the Federal Power Act (FPA) 1 the Commission approves Reliability Standard IRO–006–4, submitted to the Commission for approval by the North American Electric Reliability 1 16 U.S.C. 824o (2006). VerDate Nov<24>2008 01:02 Mar 24, 2009 Jkt 217001 Corporation (NERC). The Reliability Standard addresses transmission loading relief requirements, which provide a mechanism to manage and, if necessary, curtail interchange transactions. In addition, pursuant to section 215(d)(5) of the FPA, the Commission directs NERC to develop PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 2 2 6 11 11 15 18 22 23 37 41 46 47 59 70 73 76 77 78 81 modifications to Reliability Standard IRO–006–4 to address specific concerns identified by the Commission. I. Background A. Procedural Background 2. On December 21, 2007, NERC, the Commission-certified electric reliability E:\FR\FM\24MRR1.SGM 24MRR1

Agencies

[Federal Register Volume 74, Number 55 (Tuesday, March 24, 2009)]
[Rules and Regulations]
[Pages 12252-12256]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-5953]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25390; Directorate Identifier 2005-NM-224-AD; 
Amendment 39-15844; AD 2009-06-08]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Boeing Model 767 airplanes. This AD requires repetitive 
inspections for cracking of the wing skin, and related investigative/
corrective actions if necessary. This AD results from reports of cracks 
found in the lower wing skin originating at the forward tension bolt 
holes of the aft pitch load fitting. We are issuing this AD to detect 
and correct cracking in the lower wing skin for the forward tension 
bolt holes at the aft pitch load fitting, which could result in a fuel 
leak and reduced structural integrity of the airplane.

DATES: This AD becomes effective April 28, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of April 28, 
2009.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207; telephone 206-544-9990; fax 206-766-5682; e-mail DDCS@boeing.com; 
Internet https://www.myboeingfleet.com.

Examining the AD Docket

    You may examine the AD docket on the Internet at https://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 (telephone 800-647-5527) is the 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: Tamara Anderson, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
917-6421; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION: 

Discussion

    The FAA issued a supplemental notice of proposed rulemaking (NPRM) 
to amend 14 CFR part 39 to include an AD that would apply to certain 
Boeing Model 767 airplanes. That supplemental NPRM was published in the 
Federal Register on May 23, 2008 (73 FR 30009). That supplemental NPRM 
proposed to require repetitive inspections for cracking of the wing 
skin, and related investigative/corrective actions if necessary.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments received.

Support for the Supplemental NPRM

    Boeing concurs with the contents of the proposed rule.

[[Page 12253]]

Request To Revise Compliance Time in Paragraph (f)(1) of the 
Supplemental NPRM

    Continental Airlines requests that we change the compliance time in 
paragraph (f)(1) of the supplemental NPRM from ``prior to the 
accumulation of 10,000 total flight cycles or 30,000 total flight 
hours, whichever occurs first'' to ``prior to the accumulation of 
10,000 total flight cycles or 50,000 total flight hours, whichever 
occurs first.'' Continental states that the reported cracks have been 
on airplanes with moderate (13,000+) to high (20,000+) to very high 
(37,000+) total flight cycles. According to Continental, in all cases 
but one, all of the findings have been on airplanes with moderate 
(44,000+) to high (67,000+) flight hours. Further, Continental states 
that in the case of the one airplane with high flight cycles (20,000+) 
and low flight hours (less than 23,000 hours), cyclic stresses have 
played a major role.
    We disagree with the request to change the compliance time. The 
manufacturer set the flight-hour threshold based on equivalent fatigue 
damage caused by flight hours as compared to flight cycles. The 
threshold for inspection is set below where the cracking is found. 
Setting the threshold at 50,000 total flight hours would set the 
threshold above five of eight reports. We have not changed the AD in 
this regard. However, under the provisions of paragraph (o) of this AD, 
we will consider requests for approval of an alternative compliance 
time if sufficient data are submitted to substantiate that the change 
in compliance time would provide an acceptable level of safety.

Request To Revise Compliance Time in Paragraph (h) of the Supplemental 
NPRM

    UPS requests that we change the flight-cycle threshold for the 
inspection specified in paragraph (h) of the supplemental NPRM. UPS 
recommends that the compliance time be 16,500 flight cycles from the 
last accomplishment of the inspection required by paragraph (g) of this 
AD, rather than 3,000 flight cycles. UPS states that the open-hole high 
frequency eddy current (HFEC) inspection is set up such that a crack 
originating at the forward tension bolt hole of the aft pitch load 
fitting would be detected at the crack initiation. UPS adds that the 
corresponding interval of 16,500 flight cycles is such that if a crack 
were to develop immediately following the initial bolt open-hole HFEC 
inspection, it would not grow to a critical size before detection at 
the next inspection interval of 16,500 flight cycles.
    We disagree with the request to revise the compliance time. The 
external inspection specified in Part 1 of the Accomplishment 
Instructions of Boeing Service Bulletin 767-57A0097, Revision 1, dated 
October 18, 2007, will not detect cracks that are hidden by the 
fitting, but will detect these cracks only when a crack grows beyond 
the fitting. In particular, the Part 1 inspection will not detect large 
cracks growing aft that are hidden by the fitting. Also, there is a 
preload in the skin due to ``clamp-up stress'' from the bolts. These 
clamp-up stresses add to uncertainty in the analysis. The 3,000-flight-
cycle threshold will allow for additional opportunities to detect 
possible cracks once they grow beyond the fitting. In addition, the 
open-hole HFEC inspection does not detect cracks until they reach a 
detectable crack length. We have not changed the AD in this regard. 
However, under the provisions of paragraph (o) of this AD, we will 
consider requests for approval of an alternative compliance time if 
sufficient data are submitted to substantiate that the change in 
compliance time would provide an acceptable level of safety.

Request To Change ``and'' to ``or'' in Paragraph (g)(1) of the 
Supplemental NPRM

    UPS requests that we change the ``and'' in paragraph (g)(1) of the 
supplemental NPRM to an ``or.'' That part of paragraph (g)(1) of the 
supplemental NPRM states, ``Do the inspection at the later time 
specified in paragraph (g)(1)(i) and (g)(1)(ii) of this AD.'' UPS 
interprets that the intent of paragraph (g)(1)(ii) of the supplemental 
NPRM is to allow airplanes that are approaching or have surpassed the 
paragraph (g)(1)(i) threshold a reasonable timeframe to accomplish Part 
2 of the Accomplishment Instructions of Boeing Service Bulletin 767-
57A0097, Revision 1, dated October 18, 2007. UPS also states that 
similar paragraphs elsewhere in the NPRM use ``or'' rather than 
``and.''
    We agree with the request to change the ``and'' to an ``or'' for 
the reasons stated. We have revised paragraph (g)(1) of this AD 
accordingly. We have also revised paragraph (g)(2) of this AD to make 
the same change for consistency.

Request To Limit Wording to Repaired Fastener Holes Only

    UPS requests that we revise the wording in paragraph (j)(1) of the 
supplemental NPRM to change ``the repaired wing only'' to ``repaired 
fastener hole(s) only.'' UPS states that, as the supplemental NPRM is 
written, a freeze plug repair on either the inboard or outboard forward 
tension bolt hole of the aft pitch load fitting would end the 
repetitive inspections of paragraphs (f) and (g) of the supplemental 
NPRM for both the inboard and outboard forward tension bolt holes on 
that wing.
    We disagree with the request to change the wording in paragraph 
(j)(1) of this AD. Our intention is that after doing the freeze plug 
repair specified in paragraph (j)(1) of this AD, the inspections 
specified in paragraphs (f) and (g) of this AD need not be done for the 
repaired wing and not just for the repaired fastener hole(s) as the 
commenter suggests. Instead of the inspections required by paragraphs 
(f) and (g) of this AD, the inspections required by paragraph (k) of 
this AD must be done. We have not changed the AD in this regard.

Request To Expand Inspection Area in Service Bulletin

    Continental requests that Boeing Service Bulletin 767-57A0097, 
Revision 1, dated October 18, 2007 (``the service bulletin''), include 
instructions for what to do if an operator finds cracks in the expanded 
area of inspection beyond the two bolt holes; or, as an option, a 
statement to contact Boeing for further disposition. Continental points 
out that Part 2 of the Work Instructions in the service bulletin 
provides disposition for any finding around the two bolt hole areas 
only.
    We disagree that instructions need to be added. The inspections 
specified in Part 1 of the service bulletin are accomplished as given 
in Figure 3 of the service bulletin. The accomplishment instructions in 
Part 1 of the service bulletin give instructions for repairing any 
crack before further flight. The instructions in Figure 3 of the 
service bulletin specify that operators should contact ``The Boeing 
Company'' for repair instructions. Paragraph (l) of this AD states that 
where the service bulletin specifies to contact Boeing for appropriate 
action, operators must repair the cracking using a method approved in 
accordance with the procedures specified in paragraph (o) of this AD. 
We have not changed the AD in this regard.

Conclusion

    We have carefully reviewed the available data, including the 
comments received, and determined that air safety and the public 
interest require adopting the AD with the change described previously. 
We have determined that this change will neither increase the

[[Page 12254]]

economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

    There are about 918 airplanes of the affected design in the 
worldwide fleet, and about 387 airplanes of U.S. Registry. The 
following table provides the estimated costs, at an average labor rate 
of $80 per hour, for U.S. operators to comply with this AD.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                  Work                           Cost per
            Action                hours         Parts            airplane                  Fleet cost
----------------------------------------------------------------------------------------------------------------
Repetitive inspections, per            8  None.............  $640, per         $247,680.
 inspection cycle (Part 1).                                   inspection
                                                              cycle.
Inspection, rework, and bolt           8  Between $303 and   Between $943 and  Between $364,941, and $5,168,772.
 installation (Part 2).                    $12,716.           $13,356.
Repetitive inspections for             4  None.............  $320, per         $123,840, per inspection cycle.
 certain airplanes (Part 4).                                  inspection
                                                              cycle.
----------------------------------------------------------------------------------------------------------------

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

    We have determined that 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); 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket. See the ADDRESSES 
section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2009-06-08 Boeing: Amendment 39-15844. Docket No. FAA-2006-25390; 
Directorate Identifier 2005-NM-224-AD.

Effective Date

    (a) This AD becomes effective April 28, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 767-200, -300, -300F, and -
400ER series airplanes, certificated in any category; as identified 
in Boeing Service Bulletin 767-57A0097, Revision 1, dated October 
18, 2007.

Unsafe Condition

    (d) This AD results from reports of cracks found in the lower 
wing skin originating at the forward tension bolt holes of the aft 
pitch load fitting. We are issuing this AD to detect and correct 
cracking in the lower wing skin for the forward tension bolt holes 
at the aft pitch load fitting, which could result in a fuel leak and 
reduced structural integrity of the airplane.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

External Inspections of the Wing Skin

    (f) For airplanes identified as Group 1, Configuration 1, 2, 3, 
or 6; Group 2, Configuration 1, 2, 3, or 6; and Group 3, 
Configuration 1 or 3; in Boeing Service Bulletin 767-57A0097, 
Revision 1, dated October 18, 2007: At the later of the times 
specified in paragraph (f)(1) or (f)(2) of this AD, perform the 
detailed inspection and the external high frequency eddy current 
(HFEC) or dye penetrant inspections for cracking as specified in 
Part 1 of the Accomplishment Instructions of Boeing Service Bulletin 
767-57A0097, Revision 1, dated October 18, 2007. Repeat the 
inspections at intervals not to exceed 3,000 flight cycles or 12,000 
flight hours, whichever occurs first, until the actions required by 
paragraph (g) or (j) of this AD are accomplished.
    (1) Prior to the accumulation of 10,000 total flight cycles or 
30,000 total flight hours, whichever occurs first.
    (2) Within 3,000 flight cycles or 12,000 flight hours after the 
effective date of this AD, whichever occurs first.

Internal Inspections of the Wing Skin

    (g) For airplanes identified in paragraphs (g)(1) and (g)(2) of 
this AD: Perform the bolt open-hole inspections for cracking in 
accordance with Part 2 of the Accomplishment Instructions of Boeing 
Service Bulletin 767-57A0097, Revision 1, dated October 18, 2007, at 
the times specified in paragraph (g)(1) or (g)(2) of this AD, as 
applicable, until the requirement of paragraphs (h) or (j)(1) of 
this AD are accomplished. Doing the actions in this paragraph 
terminates the requirements of paragraph (f) of this AD.
    (1) For airplanes on which the modifications of the nacelle 
strut and wing structure specified in any service bulletin listed in 
Table 1 of this AD have been done: Do the inspection at the later 
time specified in paragraph (g)(1)(i) or (g)(1)(ii) of this AD. 
Repeat the inspections at intervals not to exceed 16,500 flight 
cycles or 65,000 flight hours, whichever occurs first.
    (i) Within 16,500 flight cycles or 65,000 flight hours, 
whichever occurs earlier, after

[[Page 12255]]

accomplishment of a service bulletin identified in Table 1 of this 
AD.
    (ii) Within 3,000 flight cycles or 12,000 flight hours after the 
effective date of this AD, whichever occurs first.

                                      Table 1--Threshold Service Bulletins
----------------------------------------------------------------------------------------------------------------
       Boeing Service Bulletin--              Revision level--                         Dated--
----------------------------------------------------------------------------------------------------------------
767-54-0080............................  Original..................  October 7, 1999.
767-54-0080............................  1.........................  May 9, 2002.
767-54-0081............................  Original..................  July 29, 1999.
767-54-0081............................  1.........................  February 7, 2002.
767-54-0082............................  Original..................  October 28, 1999.
767-54-0082............................  1.........................  November 4, 2004.
767-54-0082............................  3.........................  September 20, 2007.
----------------------------------------------------------------------------------------------------------------

    (2) For airplanes on which the modifications of the nacelle 
strut and wing structure specified in any service bulletin listed in 
Table 1 of this AD have not been done: Do the inspection at the 
later of the times specified in paragraph (g)(2)(i) or (g)(2)(ii) of 
this AD. Repeat the inspections at intervals not to exceed 16,500 
flight cycles or 65,000 flight hours, whichever occurs first.
    (i) Before the accumulation of 20,000 total flight cycles or 
60,000 total flight hours, whichever occurs earlier.
    (ii) Within 72 months after the effective date of this AD.

Acceptable Method of Compliance With Paragraph (g) of This AD

    (h) For all airplanes: Doing the actions in both paragraphs 
(h)(1) and (h)(2) of this AD is an acceptable method of compliance 
for the repetitive inspection requirements of paragraph (g) of this 
AD after the initial paragraph (g) inspection is accomplished.
    (1) Accomplishing the inspections specified in Part 1 of the 
Accomplishment Instructions of Boeing Service Bulletin 767-57A0097, 
Revision 1, dated October 18, 2007, within 3,000 flight cycles or 
12,000 flight hours, whichever occurs first, after the 
accomplishment of the most recent inspection done in accordance with 
paragraph (g) of this AD (Part 2 of the Accomplishment Instructions 
of Boeing Service Bulletin 767-57A0097, Revision 1, dated October 
18, 2007).
    (2) Repeating the inspections specified in Part 1 of the 
Accomplishment Instructions of Boeing Service Bulletin 767-57A0097, 
Revision 1, dated October 18, 2007, at intervals not to exceed 3,000 
flight cycles or 12,000 flight hours, whichever occurs first.

Repair of Cracking

    (i) If cracking is found during any inspection required by 
paragraph (f) or (h) of this AD: Before further flight, repair in 
accordance with the procedures specified in paragraph (o) of this 
AD.
    (j) If cracking is found during any inspection required by 
paragraph (g) of this AD: Before further flight, oversize the 
fastener hole in accordance with Part 2 of the Accomplishment 
Instructions of Boeing Service Bulletin 767-57A0097, Revision 1, 
dated October 18, 2007, except as provided by paragraphs (j)(1) and 
(j)(2) of this AD.
    (1) If any cracking cannot be removed by oversizing the fastener 
hole in accordance with Part 2 of the Accomplishment Instructions of 
Boeing Service Bulletin 767-57A0097, Revision 1, dated October 18, 
2007, before further flight, accomplish the freeze plug repair in 
accordance with Part 3 of the Accomplishment Instructions of Boeing 
Service Bulletin 767-57A0097, Revision 1, dated October 18, 2007, 
except as provided by paragraph (j)(2) of this AD. Accomplishing the 
freeze plug repair ends the repetitive inspections required by 
paragraphs (f) and (g) of this AD for the repaired wing only.
    (2) If any cracking is outside the limits specified for the 
freeze plug repair in Part 3 of the Accomplishment Instructions of 
Boeing Service Bulletin 767-57A0097, Revision 1, dated October 18, 
2007, before further flight, repair in accordance with the 
procedures specified in paragraph (o) of this AD.

Repetitive Inspections Required After Freeze Plug Repair

    (k) For airplanes on which of the requirements of paragraph 
(j)(1) of this AD have been accomplished, perform the repetitive 
inspections specified in paragraphs (k)(1) and (k)(2) of this AD at 
the times specified.
    (1) At the later time in paragraph (k)(1)(i) or (k)(1)(ii) of 
this AD: Accomplish the external inspections specified in Part 1 of 
the Accomplishment Instructions of Boeing Service Bulletin 767-
57A0097, Revision 1, dated October 18, 2007. If any cracking is 
found during any inspection required by this paragraph, before 
further flight, repair in accordance with the procedures specified 
in paragraph (o) of this AD. Repeat the external inspections at 
intervals not to exceed 3,000 flight cycles or 12,000 flight hours, 
whichever occurs earlier.
    (i) Prior to the accumulation of 37,500 total flight cycles or 
90,000 total flight hours, whichever occurs earlier.
    (ii) Within 18 months after accomplishment of the freeze plug 
repair specified in Part 3 of the Accomplishment Instructions of 
Boeing Service Bulletin 767-57A0097, Revision 1, dated October 18, 
2007.
    (2) At the later of the times specified in paragraph (k)(2)(i) 
or (k)(2)(ii) of this AD: Perform an internal HFEC for cracking, in 
accordance with Part 4 of the Accomplishment Instructions of Boeing 
Service Bulletin 767-57A0097, Revision 1, dated October 18, 2007. If 
any cracking is found during any inspection required by this 
paragraph, before further flight, repair in accordance with the 
procedures specified in paragraph (o) of this AD. Repeat the 
inspections at intervals not to exceed 12,000 flight cycles or 
48,000 flight hours, whichever occurs earlier.
    (i) Prior to the accumulation of 37,500 total flight cycles or 
90,000 total flight hours, whichever occurs earlier.
    (ii) Within 72 months after accomplishment of the freeze plug 
repair specified in Part 3 of the Accomplishment Instructions of 
Boeing Service Bulletin 767-57A0097, Revision 1, dated October 18, 
2007.

Repair of Certain Cracking

    (l) If any cracking is found during any inspection required by 
this AD, and Boeing Service Bulletin 767-57A0097, Revision 1, dated 
October 18, 2007, specifies to contact Boeing for appropriate 
action: Before further flight, repair the cracking using a method 
approved in accordance with the procedures specified in paragraph 
(o) of this AD.

No Reporting Requirement

    (m) Although Boeing Service Bulletin 767-57A0097, Revision 1, 
dated October 18, 2007, specifies to submit certain information to 
the manufacturer, this AD does not include that requirement.

Credit for Actions Accomplished Previously

    (n) Actions done before the effective date of this AD in 
accordance with Boeing Alert Service Bulletin 767-57A0097, dated 
September 29, 2005, are acceptable for compliance with the 
corresponding requirements of this AD.

Alternative Methods of Compliance (AMOCs)

    (o)(1) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, ATTN: Tamara Anderson, Aerospace Engineer, Airframe Branch, 
ANM-120S, FAA, Seattle Aircraft Certification Office, 1601 Lind 
Avenue, SW., Renton, Washington 98057-3356; telephone (425) 917-
6421; fax (425) 917-6590; has the authority to approve AMOCs for 
this AD, if requested using the procedures found in 14 CFR 39.19.
    (2) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.

[[Page 12256]]

    (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 an 
Authorized Representative for the Boeing Commercial Airplanes 
Delegation Option Authorization Organization who 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.

Material Incorporated by Reference

    (p) You must use Boeing Service Bulletin 767-57A0097, Revision 
1, dated October 18, 2007, 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 this 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 
me.boecom@boeing.com; Internet https://www.myboeingfleet.com.
    (3) You may review copies of the service information that is 
incorporated by reference 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 or 425-227-1152.
    (4) You may also review copies of the service information 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: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on February 27, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E9-5953 Filed 3-23-09; 8:45 am]
BILLING CODE 4910-13-P
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