Airworthiness Directives; The Boeing Company Model 767-200 and -300 Series Airplanes, 69685-69688 [2011-28759]

Download as PDF Federal Register / Vol. 76, No. 217 / Wednesday, November 9, 2011 / Proposed Rules considered valid unless unanimously approved. * * * * * 5. Amend § 987.52 by designating the existing text as paragraph (a) and by adding a new paragraph (b) to read as follows: § 987.52 [Amended] (a) * * * (b) The Committee may, with the approval of the Secretary, recommend that the handling of any date variety be exempted from regulations established pursuant to §§ 987.39 through 987.51 and §§ 987.61 through 987.72. 6. Amend § 987.72 by redesignating paragraphs (b) through (d) as paragraphs (c) through (e), respectively; by adding a new paragraph (b); and by revising redesignated paragraph (d) to read as follows: § 987.72 [Amended] * * * * * (b) Delinquent payments. Any assessment not paid by a handler within a period of time prescribed by the Committee may be subject to an interest or late payment charge, or both. The period of time, rate of interest, and late payment charge shall be as recommended by the Committee and approved by the Secretary. (c) * * * (d) Operating reserve. The Committee, with the approval of the Secretary, may establish and maintain during one or more crop years an operating monetary reserve in an amount not to exceed the average of one year’s expenses incurred during the most recent five preceding crop years, except that an established reserve need not be reduced to conform to any recomputed average. Funds in reserve shall be available for use by the Committee for expenses authorized pursuant to § 987.71. * * * * * 7. Amend § 987.82 by revising paragraph (b)(2), redesignating paragraph (b)(3) as paragraph (b)(4), and adding a new paragraph (b)(3) to read as follows: § 987.82 [Amended] jlentini on DSK4TPTVN1PROD with PROPOSALS * * * * * (b) * * * (2) When favored by producers. The Secretary shall terminate the provisions of this part at the end of any crop year whenever he or she finds that such termination is favored by a majority of the producers of dates who, during that crop year, have been engaged in the production for market of dates in the area of production: Provided, That such majority have, during such period, produced for market more than 50 VerDate Mar<15>2010 16:31 Nov 08, 2011 Jkt 226001 percent of the volume of such dates produced for market within said area; but such termination shall be effective only if announced on or before August 1 of the then current crop year. (3) Continuance referendum. The Secretary shall conduct a referendum six years after the effective date of this section and every sixth year thereafter to ascertain whether continuance of this part is favored by producers. The Secretary may terminate the provisions of this part at the end of any crop year in which he or she has found that continuance of this part is not favored by producers who, during a representative period determined by the Secretary, have been engaged in the production for market of dates in the production area. * * * * * 8. Revise § 987.124(a) to read as follows: § 987.124 Nomination and polling. (a) Date producers and producerhandlers shall be provided an opportunity to nominate and vote for individuals to serve on the Committee. For this purpose, the Committee shall, no later than June 15 of every third year, provide date producers and producerhandlers nomination and balloting material by mail or equivalent electronic means, upon which producers and producer-handlers may nominate candidates and cast their votes for members and alternate members of the Committee in accordance with the requirements in paragraphs (b)(1) and (b)(2) of this section, respectively. All ballots are subject to verification. Balloting material should be provided to voters at least two weeks before the due date and should contain, at least, the following information: (1) The names of incumbents who are willing and eligible to continue to serve on the Committee; (2) The names of other persons willing and eligible to serve; (3) Instructions on how voters may add write-in candidates; (4) The date on which the ballot is due to the Committee or its agent; and (5) How and where to return ballots. [FR Doc. 2011–29032 Filed 11–8–11; 8:45 am] BILLING CODE 3410–02–P PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 69685 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2011–1168; Directorate Identifier 2010–NM–239–AD] RIN 2120–AA64 Airworthiness Directives; The Boeing Company Model 767–200 and –300 Series Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: We propose to adopt a new airworthiness directive (AD) for all The Boeing Company Model 767–200 and –300 series airplanes. This proposed AD was prompted by reports of cracks in the inner chords at both left-side and right-side stations 859.5, 883.5, and 903.5. This proposed AD would require repetitive inspections of the frame inner chord transition radius for cracks, and related investigative and corrective actions if necessary. We are proposing this AD to prevent large cracks in the frames and adjacent structure that can adversely affect the structural integrity of the airplane. DATES: We must receive comments on this proposed AD by December 27, 2011. SUMMARY: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments. • Fax: (202) 493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. • Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this proposed 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; email me.boecom@boeing.com; Internet https://www.myboeingfleet.com. You may review copies of the referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington. For information on the availability of ADDRESSES: E:\FR\FM\09NOP1.SGM 09NOP1 69686 Federal Register / Vol. 76, No. 217 / Wednesday, November 9, 2011 / Proposed Rules this material at the FAA, call (425) 227– 1221. 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 proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (phone: (800) 647–5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Berhane Alazar, Aerospace Engineer, Airframe Branch, ANM–120S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, Washington 98057–3356; phone: (425) 917–6577; fax: (425) 917–6590; email: Berhane.Alazar@faa.gov. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under the ADDRESSES section. Include ‘‘Docket No. FAA– 2011–1168; Directorate Identifier 2010– NM–239–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD because of those comments. We will post all comments we receive, without change, to https:// www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Discussion We have received reports of cracks in the inner chords at both left-side and right-side stations 859.5, 883.5, and 903.5. The reports indicate crack lengths that range from 0.10 inch up to 1.8 inches that originate from the inner chord transition radius. In some cases, the crack has intersected adjacent fastener holes. Analysis has determined the cause of the cracks in the frame inner chords to be a stress concentration at the transition radius. Cracks in the frame inner chord transition radius can propagate and intersect fastener holes in the frame chord. These cracks can propagate further into the frame structure and adjacent structure and become large enough to adversely affect the structural integrity of the airplane. Relevant Service Information We reviewed Boeing Service Bulletin 767–53A0209, Revision 1, dated July 27, 2011. This service information describes procedures for repetitive detailed inspections or surface high frequency eddy current (HFEC) inspections of the frame inner chord transition radius for cracks at stations 859.5, 883.5, and 903.5, as applicable, left and right buttock line 89, below water line 200; and related investigative and corrective actions, if necessary. Related investigative actions include a detailed inspection for filler(s) between the frame and stub-beam, and measuring for filler thickness if necessary; and an open hole HFEC inspection for cracks in the frame inner chord, failsafe chord, frame web, doubler (if necessary), and stub-beam, if necessary. Corrective actions include contacting Boeing for repair instructions; repairing; and oversizing the holes, and trimming out the inner chord transition radius crack and installing a 1-to-2 hole repair angle; if necessary. The compliance time for the initial inspection is either 11,000 total flight cycles or 2,400 flight cycles after the date on the service bulletin (whichever occurs later); or 14,000 total flight cycles or 3,000 flight cycles after the date on the service bulletin (whichever occurs later); depending on airplane configuration. The repetitive inspection interval ranges between 2,400 and 6,000 flight cycles, depending on the inspection type. FAA’s Determination We are proposing this AD because we evaluated all the relevant information and determined the unsafe condition described previously is likely to exist or develop in other products of the same type design. Proposed AD Requirements This proposed AD would require accomplishing the actions specified in the service information described previously, except as discussed under ‘‘Differences Between the Proposed AD and the Service Information.’’ The post-repair inspections specified in Tables 2, 4, 6, and 8 of paragraph 1.E., ‘‘Compliance,’’ of Boeing Service Bulletin 767–53A0209, Revision 1, dated July 27, 2011, are not required by this proposed AD. Differences Between the Proposed AD and the Service Information Boeing Service Bulletin 767– 53A0209, Revision 1, dated July 27, 2011, specifies to contact the manufacturer for instructions on how to repair certain conditions, but this proposed AD would require repairing those conditions in one of the following ways: • In accordance with a method that we approve; or • Using data that meet the certification basis of the airplane, and that have been approved by the Boeing Commercial Airplanes Organization Designation Authorization (ODA) whom we have authorized to make those findings. Costs of Compliance We estimate that this proposed AD will affect 325 airplanes of U.S. registry. We estimate the following costs to comply with this proposed AD: ESTIMATED COSTS Action jlentini on DSK4TPTVN1PROD with PROPOSALS Detailed or HFEC inspection Labor cost 23 or 26 work-hours × $85 per hour = $1,955 or $2,210 per inspection cycle. We estimate the following costs to do any necessary repairs that would be VerDate Mar<15>2010 16:31 Nov 08, 2011 Parts cost Jkt 226001 Cost per product $0 Cost on U.S. operators $1,955 or $2,210 per inspection cycle. Up to $718,250 per inspection cycle. required based on the results of the proposed inspection. We have no way of PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 determining the number of aircraft that might need these repairs. E:\FR\FM\09NOP1.SGM 09NOP1 Federal Register / Vol. 76, No. 217 / Wednesday, November 9, 2011 / Proposed Rules 69687 ON-CONDITION COSTS Action Labor cost Parts cost Repair ............................................ 24 work-hours × $85 per hour = $2,040. 7 work-hours × $85 per hour = $595 per frame. $383 to $8,327 per frame ............. $2,423 to $10,367 per frame. $0 .................................................. $595. On-condition detailed and HFEC inspections and measurement. 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. jlentini on DSK4TPTVN1PROD with PROPOSALS Regulatory Findings We determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would 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 this proposed regulation: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866, (2) Is not a ‘‘significant rule’’ under the 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. VerDate Mar<15>2010 16:31 Nov 08, 2011 Jkt 226001 The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 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 FAA amends § 39.13 by adding the following new airworthiness directive (AD): The Boeing Company: Docket No. FAA– 2011–1168; Directorate Identifier 2010– NM–239–AD. (a) Comments Due Date We must receive comments by December 27, 2011. (b) Affected ADs None. (c) Applicability This AD applies to The Boeing Company Model 767–200 and –300 series airplanes, certificated in any category, as identified in Boeing Service Bulletin 767–53A0209, Revision 1, dated July 27, 2011. (d) Subject Joint Aircraft System Component (JASC)/ Air Transport Association (ATA) of America Code 53: Fuselage. (e) Unsafe Condition This AD was prompted by reports of cracks in the inner chords at both left-side and rightside stations 859.5, 883.5, and 903.5. We are issuing this AD to prevent large cracks in the frames and adjacent structure that can adversely affect the structural integrity of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Repetitive Inspections, Related Investigative Actions, and Corrective Actions Except as required by paragraph (h)(2) of this AD, at the times specified in paragraph 1.E., ‘‘Compliance,’’ of Boeing Service Bulletin 767–53A0209, Revision 1, dated July 27, 2011: Perform a detailed inspection or a surface high frequency eddy current (HFEC) inspection for cracking in the frame inner PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 Cost per product chord transition radius at stations 859.5, 883.5, and 903.5, as applicable, left buttock line and right buttock line 89, below water line 200; and do all applicable related investigative and corrective actions; in accordance with the Accomplishment Instructions of Boeing Service Bulletin 767– 53A0209, Revision 1, dated July 27, 2011; except as required by paragraph (h)(1) of this AD. Do all applicable related investigative and corrective actions before further flight. If no cracking is found, repeat the inspections thereafter at the applicable interval specified in paragraph 1.E., ‘‘Compliance,’’ of Boeing Service Bulletin 767–53A0209, Revision 1, dated July 27, 2011. Note 1: The post-repair inspections specified in Tables 2, 4, 6, and 8 of paragraph 1.E., ‘‘Compliance,’’ of Boeing Service Bulletin 767–53A0209, Revision 1, dated July 27, 2011, may be used in support of compliance with Section 121.1109(c)(2) or 129.109(c)(2) of the Federal Aviation Regulations (14 CFR 121.1109(c)(2) or 14 CFR 129.109(c)(2)). (h) Exceptions to the Service Information (1) If any cracking is found during any inspection required by this AD, and Boeing Service Bulletin 767–53A0209, Revision 1, dated July 27, 2011, 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 (j) of this AD. (2) Where Boeing Service Bulletin 767– 53A0209, Revision 1, dated July 27, 2011, specifies a compliance time after the date on the service bulletin, this AD requires compliance within the specified compliance time after the effective date of this AD. (i) No Reporting Required Although Boeing Service Bulletin 767– 53A0209, Revision 1, dated July 27, 2011, specifies to submit certain information to the manufacturer, this AD does not include that requirement. (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 the Related Information section of this AD. Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov. (2) Before using any approved AMOC, notify your appropriate principal inspector, E:\FR\FM\09NOP1.SGM 09NOP1 69688 Federal Register / Vol. 76, No. 217 / Wednesday, November 9, 2011 / Proposed Rules jlentini on DSK4TPTVN1PROD with PROPOSALS or lacking a principal inspector, the manager of the local flight standards district office/ certificate holding district office. (3) An AMOC that provides an acceptable level of safety may be used for any repair required by this AD if it is approved by the Boeing Commercial Airplanes Organization Designation Authorization (ODA) that has been authorized by the Manager, Seattle ACO to make those findings. For a repair method to be approved, the repair must meet the certification basis of the airplane and 14 CFR 25.571, Amendment 45, and the approval must specifically refer to this AD. outside the current port limits. The change is part of CBP’s continuing program to more efficiently utilize its personnel, facilities, and resources, and to provide better service to carriers, importers, and the general public. DATES: Comments must be received on or before January 9, 2012. ADDRESSES: You may submit comments, identified by docket number USCBP– 2011–0031, by one of the following methods: • Federal eRulemaking Portal: https:// (k) Related Information www.regulations.gov. Follow the instructions for submitting comments. (l) For more information about this AD, • Mail: Border Security Regulations contact Berhane Alazar, Aerospace Engineer, Airframe Branch, ANM–120S, FAA, ACO, Branch, Regulations and Rulings, Office 1601 Lind Avenue SW., Renton, Washington of International Trade, Customs and 98057–3356; phone: (425) 917–6577; fax: Border Protection, 799 9th Street NW., (425) 917–6590; email: 5th Floor, Washington, DC 20229–1179. Berhane.Alazar@faa.gov. Instructions: All submissions received (2) For service information identified in must include the agency name and this AD, contact Boeing Commercial docket title for this rulemaking, and Airplanes, Attention: Data & Services must reference docket number USCBP– Management, P.O. Box 3707, MC 2H–65, 2011–0031. All comments received will Seattle, Washington 98124–2207; telephone be posted without change to https:// (206) 544–5000, extension 1; fax (206) 766– 5680; email me.boecom@boeing.com; Internet www.regulations.gov, including any https://www.myboeingfleet.com. You may personal information provided. For review copies of the referenced service detailed instructions on submitting information at the FAA, Transport Airplane comments and additional information Directorate, 1601 Lind Avenue SW., Renton, on the rulemaking process, see the Washington. For information on the ‘‘Public Participation’’ heading of the availability of this material at the FAA, call SUPPLEMENTARY INFORMATION section of (425) 227–1221. this document. Issued in Renton, Washington, on October Docket: For access to the docket to 21, 2011. read background documents or Kalene C. Yanamura, comments received, go to https:// Acting Manager, Transport Airplane www.regulations.gov. Submitted Directorate, Aircraft Certification Service. comments may also be inspected during [FR Doc. 2011–28759 Filed 11–8–11; 8:45 am] regular business days between the hours BILLING CODE 4910–13–P of 9 a.m. and 4:30 p.m. at the Office of International Trade, Customs and Border Protection, 799 9th Street NW., DEPARTMENT OF HOMELAND 5th Floor, Washington, DC. SECURITY Arrangements to inspect submitted comments should be made in advance U.S. Customs and Border Protection by calling Mr. Joseph Clark at (202) 325– 0118. 19 CFR Part 101 FOR FURTHER INFORMATION CONTACT: [Docket No. USCBP–2011–0031] Robert Neustadt, Office of Field Operations, (312) 983–1201 (not a tollModification of the Port Limits of free number) or by email at Green Bay, WI Robert.Neustadt@dhs.gov. SUPPLEMENTARY INFORMATION: AGENCY: U.S. Customs and Border Protection; Department of Homeland I. Public Participation Security. Interested persons are invited to ACTION: Notice of proposed rulemaking. participate in this rulemaking by SUMMARY: U.S. Customs and Border submitting written data, views, or Protection (CBP) is proposing to extend arguments on all aspects of the the geographic limits of the port of proposed rule. U.S. Customs and Border Green Bay, Wisconsin, to update and Protection (CBP) also invites comments change the description of the port that relate to the economic, boundaries to refer to identifiable environmental, or federalism effects that roadways and waterways rather than might result from this proposed rule. townships and to include the entire Comments that will provide the most Austin Straubel Airport. Due to an error, assistance to CBP will reference a a portion of the airport is located specific portion of the proposed rule, VerDate Mar<15>2010 16:31 Nov 08, 2011 Jkt 226001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 explain the reason for any recommended change, and include data, information, or authority that support such recommended change. II. Background and Purpose CBP ports of entry are locations where CBP officers and employees are assigned to accept entries of merchandise, clear passengers, collect duties, and enforce the various provisions of customs, immigration, agriculture and related U.S. laws at the border. The term ‘‘port of entry’’ is used in the code of Federal Regulations (CFR) in title 8 for immigration purposes and in title 19 for customs purposes. For customs purposes, CBP regulations list designated CBP ports of entry and the limits of each port in section 101.3(b)(1) of title 19 (19 CFR 101.3(b)(1)). For immigration purposes, CBP regulations list ports of entry for aliens arriving by vessel and land transportation in section 100.4(a) of title 8 (8 CFR 100.4(a)). These ports are listed according to location by districts and are designated as Class A, B, or C. Green Bay, Wisconsin, is included in this list in District No. 9, as a Class A port of entry, meaning a port that is designated as a port of entry for all aliens arriving by vessel and land transportation. As part of its continuing efforts to provide better service to carriers, importers, and the general public, CBP, of the Department of Homeland Security (DHS), is proposing to extend the port boundaries for the port of entry at Green Bay, Wisconsin. The port of entry originally consisted of only the corporate limits of Green Bay, Wisconsin. Treasury Decision (T.D) 54597, May 27, 1958, expanded the port limits to also include several townships and the city of De Pere, all in the State of Wisconsin. Specifically, the current port limits of the Green Bay port of entry include the corporate limits of Green Bay, Wisconsin, and the territory within the townships of Ashwaubenon, Allouez, Preble and Howard and the city of De Pere, all in the State of Wisconsin. CBP is proposing to change the port limits because the boundaries of the listed townships are not easy to locate, one of the townships identified in T.D. 54597 (Preble) no longer exists, and due to an error, a portion of the Austin Straubel Airport is located outside the current port limits. In order to eliminate the discrepancy of the nonexistent township, to make the boundaries more easily identifiable to the public, and to correct the omission of a portion of the airport, CBP is proposing to amend 19 CFR 101.3(b)(1) to expand and revise the port boundaries. The proposed boundaries E:\FR\FM\09NOP1.SGM 09NOP1

Agencies

[Federal Register Volume 76, Number 217 (Wednesday, November 9, 2011)]
[Proposed Rules]
[Pages 69685-69688]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28759]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1168; Directorate Identifier 2010-NM-239-AD]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Model 767-200 and -
300 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to adopt a new airworthiness directive (AD) for all 
The Boeing Company Model 767-200 and -300 series airplanes. This 
proposed AD was prompted by reports of cracks in the inner chords at 
both left-side and right-side stations 859.5, 883.5, and 903.5. This 
proposed AD would require repetitive inspections of the frame inner 
chord transition radius for cracks, and related investigative and 
corrective actions if necessary. We are proposing this AD to prevent 
large cracks in the frames and adjacent structure that can adversely 
affect the structural integrity of the airplane.

DATES: We must receive comments on this proposed AD by December 27, 
2011.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed 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; email 
me.boecom@boeing.com; Internet https://www.myboeingfleet.com. You may 
review copies of the referenced service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, 
Washington. For information on the availability of

[[Page 69686]]

this material at the FAA, call (425) 227-1221.

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 proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Office (phone: (800) 647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

FOR FURTHER INFORMATION CONTACT: Berhane Alazar, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office 
(ACO), 1601 Lind Avenue SW., Renton, Washington 98057-3356; phone: 
(425) 917-6577; fax: (425) 917-6590; email: Berhane.Alazar@faa.gov.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2011-1168; 
Directorate Identifier 2010-NM-239-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to https://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    We have received reports of cracks in the inner chords at both 
left-side and right-side stations 859.5, 883.5, and 903.5. The reports 
indicate crack lengths that range from 0.10 inch up to 1.8 inches that 
originate from the inner chord transition radius. In some cases, the 
crack has intersected adjacent fastener holes. Analysis has determined 
the cause of the cracks in the frame inner chords to be a stress 
concentration at the transition radius. Cracks in the frame inner chord 
transition radius can propagate and intersect fastener holes in the 
frame chord. These cracks can propagate further into the frame 
structure and adjacent structure and become large enough to adversely 
affect the structural integrity of the airplane.

Relevant Service Information

    We reviewed Boeing Service Bulletin 767-53A0209, Revision 1, dated 
July 27, 2011. This service information describes procedures for 
repetitive detailed inspections or surface high frequency eddy current 
(HFEC) inspections of the frame inner chord transition radius for 
cracks at stations 859.5, 883.5, and 903.5, as applicable, left and 
right buttock line 89, below water line 200; and related investigative 
and corrective actions, if necessary.
    Related investigative actions include a detailed inspection for 
filler(s) between the frame and stub-beam, and measuring for filler 
thickness if necessary; and an open hole HFEC inspection for cracks in 
the frame inner chord, failsafe chord, frame web, doubler (if 
necessary), and stub-beam, if necessary.
    Corrective actions include contacting Boeing for repair 
instructions; repairing; and oversizing the holes, and trimming out the 
inner chord transition radius crack and installing a 1-to-2 hole repair 
angle; if necessary.
    The compliance time for the initial inspection is either 11,000 
total flight cycles or 2,400 flight cycles after the date on the 
service bulletin (whichever occurs later); or 14,000 total flight 
cycles or 3,000 flight cycles after the date on the service bulletin 
(whichever occurs later); depending on airplane configuration. The 
repetitive inspection interval ranges between 2,400 and 6,000 flight 
cycles, depending on the inspection type.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in the service information described previously, except as discussed 
under ``Differences Between the Proposed AD and the Service 
Information.''
    The post-repair inspections specified in Tables 2, 4, 6, and 8 of 
paragraph 1.E., ``Compliance,'' of Boeing Service Bulletin 767-53A0209, 
Revision 1, dated July 27, 2011, are not required by this proposed AD.

Differences Between the Proposed AD and the Service Information

    Boeing Service Bulletin 767-53A0209, Revision 1, dated July 27, 
2011, specifies to contact the manufacturer for instructions on how to 
repair certain conditions, but this proposed AD would require repairing 
those conditions in one of the following ways:
     In accordance with a method that we approve; or
     Using data that meet the certification basis of the 
airplane, and that have been approved by the Boeing Commercial 
Airplanes Organization Designation Authorization (ODA) whom we have 
authorized to make those findings.

Costs of Compliance

    We estimate that this proposed AD will affect 325 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Detailed or HFEC inspection......  23 or 26 work-hours              $0  $1,955 or $2,210     Up to $718,250 per
                                    x $85 per hour =                     per inspection       inspection cycle.
                                    $1,955 or $2,210                     cycle.
                                    per inspection
                                    cycle.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary repairs that 
would be required based on the results of the proposed inspection. We 
have no way of determining the number of aircraft that might need these 
repairs.

[[Page 69687]]



                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                Action                        Labor cost               Parts cost            Cost per product
----------------------------------------------------------------------------------------------------------------
Repair...............................  24 work-hours x $85 per  $383 to $8,327 per       $2,423 to $10,367 per
                                        hour = $2,040.           frame.                   frame.
On-condition detailed and HFEC         7 work-hours x $85 per   $0.....................  $595.
 inspections and measurement.           hour = $595 per frame.
----------------------------------------------------------------------------------------------------------------

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 determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under the 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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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.


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new 
airworthiness directive (AD):

The Boeing Company: Docket No. FAA-2011-1168; Directorate Identifier 
2010-NM-239-AD.

 (a) Comments Due Date

    We must receive comments by December 27, 2011.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 767-200 and -300 
series airplanes, certificated in any category, as identified in 
Boeing Service Bulletin 767-53A0209, Revision 1, dated July 27, 
2011.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 53: Fuselage.

 (e) Unsafe Condition

    This AD was prompted by reports of cracks in the inner chords at 
both left-side and right-side stations 859.5, 883.5, and 903.5. We 
are issuing this AD to prevent large cracks in the frames and 
adjacent structure that can adversely affect the structural 
integrity of the airplane.

(f) Compliance

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

(g) Repetitive Inspections, Related Investigative Actions, and 
Corrective Actions

    Except as required by paragraph (h)(2) of this AD, at the times 
specified in paragraph 1.E., ``Compliance,'' of Boeing Service 
Bulletin 767-53A0209, Revision 1, dated July 27, 2011: Perform a 
detailed inspection or a surface high frequency eddy current (HFEC) 
inspection for cracking in the frame inner chord transition radius 
at stations 859.5, 883.5, and 903.5, as applicable, left buttock 
line and right buttock line 89, below water line 200; and do all 
applicable related investigative and corrective actions; in 
accordance with the Accomplishment Instructions of Boeing Service 
Bulletin 767-53A0209, Revision 1, dated July 27, 2011; except as 
required by paragraph (h)(1) of this AD. Do all applicable related 
investigative and corrective actions before further flight. If no 
cracking is found, repeat the inspections thereafter at the 
applicable interval specified in paragraph 1.E., ``Compliance,'' of 
Boeing Service Bulletin 767-53A0209, Revision 1, dated July 27, 
2011.

    Note 1:  The post-repair inspections specified in Tables 2, 4, 
6, and 8 of paragraph 1.E., ``Compliance,'' of Boeing Service 
Bulletin 767-53A0209, Revision 1, dated July 27, 2011, may be used 
in support of compliance with Section 121.1109(c)(2) or 
129.109(c)(2) of the Federal Aviation Regulations (14 CFR 
121.1109(c)(2) or 14 CFR 129.109(c)(2)).

(h) Exceptions to the Service Information

    (1) If any cracking is found during any inspection required by 
this AD, and Boeing Service Bulletin 767-53A0209, Revision 1, dated 
July 27, 2011, 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 (j) of this 
AD.
    (2) Where Boeing Service Bulletin 767-53A0209, Revision 1, dated 
July 27, 2011, specifies a compliance time after the date on the 
service bulletin, this AD requires compliance within the specified 
compliance time after the effective date of this AD.

(i) No Reporting Required

    Although Boeing Service Bulletin 767-53A0209, Revision 1, dated 
July 27, 2011, specifies to submit certain information to the 
manufacturer, this AD does not include that requirement.

 (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 the Related Information 
section of this AD. Information may be emailed to: 9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector,

[[Page 69688]]

or lacking a principal inspector, the manager of the local flight 
standards district office/certificate holding district office.
    (3) An AMOC that provides an acceptable level of safety may be 
used for any repair required by this AD if it is approved by the 
Boeing Commercial Airplanes Organization Designation Authorization 
(ODA) that has been authorized by the Manager, Seattle ACO to make 
those findings. For a repair method to be approved, the repair must 
meet the certification basis of the airplane and 14 CFR 25.571, 
Amendment 45, and the approval must specifically refer to this AD.

 (k) Related Information

    (l) For more information about this AD, contact Berhane Alazar, 
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, ACO, 1601 Lind 
Avenue SW., Renton, Washington 98057-3356; phone: (425) 917-6577; 
fax: (425) 917-6590; email: Berhane.Alazar@faa.gov.
    (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; email 
me.boecom@boeing.com; Internet https://www.myboeingfleet.com. You 
may review copies of the referenced service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call (425) 227-1221.

    Issued in Renton, Washington, on October 21, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.

[FR Doc. 2011-28759 Filed 11-8-11; 8:45 am]
BILLING CODE 4910-13-P
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