Airworthiness Directives; The Boeing Company Airplanes, 21429-21433 [2012-8228]
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Federal Register / Vol. 77, No. 69 / Tuesday, April 10, 2012 / Rules and Regulations
ACO, to make those findings. For a repair
method to be approved, the repair must meet
the certification basis of the airplane.
(j) Related Information
For more information about this AD,
contact Nathan Weigand, Aerospace
Engineer, Airframe Branch, ANM–120S,
FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue SW., Renton, Washington
98057–3356; phone: (425) 917–6428; fax:
(425) 917–6590; email:
nathan.p.weigand@faa.gov.
(k) Material Incorporated by Reference
You must use the following service
information to do the actions required by this
AD, unless the AD specifies otherwise. The
Director of the Federal Register approved the
incorporation by reference (IBR) under 5
U.S.C. 552(a) and 1 CFR part 51 of the
following service information.
(1) Boeing Alert Service Bulletin 747–
53A2835, dated October 28, 2010.
(2) Boeing Alert Service Bulletin 747–
53A2835, Revision 1, dated December 8,
2011.
(3) For service information identified in
this AD, contact Boeing Commercial
Airplanes, Attention: Data & Services
Management, P.O. Box 3707, MC 2H–65,
Seattle, WA 98124–2207; telephone 206–
544–5000, extension 1; fax 206–766–5680;
email me.boecom@boeing.com; Internet
https://www.myboeingfleet.com.
(4) 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.
(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/
cfr/ibr-locations.html.
Issued in Renton, Washington, on March
28, 2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2012–8232 Filed 4–9–12; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
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[Docket No. FAA–2011–0025; Directorate
Identifier 2010–NM–208–AD; Amendment
39–17012; AD 2012–07–06]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
AGENCY:
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ACTION:
Discussion
Final rule.
We are adopting a new
airworthiness directive (AD) for certain
The Boeing Company Model 777
airplanes. This AD was prompted by a
new revision to the airworthiness
limitations of the maintenance planning
document. This AD requires revising the
maintenance program to update
inspection requirements to detect
fatigue cracking of principal structural
elements (PSEs). We are issuing this AD
to ensure that fatigue cracking of various
PSEs is detected and corrected; such
fatigue cracking could adversely affect
the structural integrity of these
airplanes.
SUMMARY:
This AD is effective May 15,
2012.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in the AD
as of May 15, 2012.
ADDRESSES: 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.
DATES:
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 (phone: 800–647–5527) is
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:
James Sutherland, Aerospace Engineer,
Airframe Branch, ANM–120S, FAA,
Seattle Aircraft Certification Office,
1601 Lind Avenue SW., Renton,
Washington 98057–3356; phone: 425–
917–6533; fax: (425) 917–6590; email:
James.Sutherland@faa.gov.
SUPPLEMENTARY INFORMATION:
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We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to the specified products. That
NPRM published in the Federal
Register on January 19, 2011 (76 FR
3054). That NPRM proposed to require
revising the maintenance program to
update inspection requirements to
detect fatigue cracking of principal
structural elements (PSEs).
Comments
We gave the public the opportunity to
participate in developing this AD. The
following presents the comments
received on the proposal (76 FR 3054,
January 19, 2011) and the FAA’s
response to each comment.
Request To Refer to Latest Service
Information
Boeing and Japan Airlines (JAL)
requested that we revise the NPRM (76
FR 3054, January 19, 2011) to refer to
two new revisions of Section 9,
‘‘Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements
(CMRs),’’ D622W001–9, of the Boeing
777 Maintenance Planning Data (MPD)
Document, published after we issued
the NPRM. Boeing stated that both
revisions contain the same structures
airworthiness limitations (AWL) data,
but were revised for reasons that did not
affect the data in Subsection B,
Airworthiness Limitations—Structural
Inspections of that document, which
was specified in the NPRM.
We agree with the request to refer to
the later service information. We have
changed this final rule to refer to
Section 9, ‘‘Airworthiness Limitations
(AWLs) and Certification Maintenance
Requirements (CMRs),’’ D622W001–9,
Revision July 2011, of the Boeing 777
Maintenance Planning Data (MPD)
Document to this AD. (Section 9,
‘‘Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements
(CMRs),’’ D622W001–9, Revision
January 2010, of the Boeing 777
Maintenance Planning Data (MPD)
Document was specified in the NPRM
(76 FR 3054, January 19, 2011).)
(Subsection B, Airworthiness
Limitations—Structural Inspections, of
Section 9, ‘‘Airworthiness Limitations
(AWLs) and Certification Maintenance
Requirements (CMRs),’’ D622W001–9,
of the Boeing 777 Maintenance Planning
Data (MPD) Document is identical to the
January 2010 revision.) We have
changed paragraph (g) in this final rule
accordingly.
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Request To Revise Inspection
Requirements for Certain Airplanes
JAL requested that, for certain
airplanes, we revise paragraph (g) of the
NPRM (76 FR 3054, January 19, 2011) to
require inspection procedures and
intervals as determined by the damage
tolerance rating check form, rather than
Section 2, Structural Inspection
Program, of the Boeing 777 Maintenance
Planning Data (MPD) Document. JAL
acknowledged that Section 2 of this
MPD document usually incorporates
recommended inspection procedures
and intervals. JAL noted, however, that
Section 2 in the latest revision of this
MPD document includes data only for
Model 777–200 series airplanes. Since
no data are provided for the remaining
airplanes affected by this AD (Model
777–200LR, –300, –300ER, and 777F
series airplanes), JAL requested that
those airplanes be excluded from the
requirement until the MPD document
includes relevant data.
We do not agree that the requested
change is necessary, because the
information regarding required
inspection methods and intervals for
these airplanes is provided in
Subsection B, Airworthiness
Limitations—Structural Inspections, of
Section 9, ‘‘Airworthiness Limitations
(AWLs) and Certification Maintenance
Requirements (CMRs),’’ D622W001–9,
Revision July 2011, of the Boeing 777
Maintenance Planning Data (MPD)
Document. We have not changed the
final rule regarding this issue.
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Request To Retain Applicability
Boeing also advised that the revised
inspection requirements in Section 9,
‘‘Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements
(CMRs),’’ D622W001–9, Revision July
2011, of the Boeing 777 Maintenance
Planning Data (MPD) Document, affect
only Model 777–200, –300, –300ER and
–200LR series airplanes. Boeing
reported that Section 9 of the Boeing
777F MPD document was previously
developed based on the same damage
tolerance methods and the same fleet
and full-scale test data as those included
in Section 9, ‘‘Airworthiness
Limitations (AWLs) and Certification
Maintenance Requirements (CMRs),’’
D622W001–9, Revision July 2011, of the
Boeing 777 Maintenance Planning Data
(MPD) Document. Boeing asserted,
therefore, that Model 777F series
airplanes should be included in the
applicability of the NPRM (76 FR 3054,
January 19, 2011) regardless of changes
made to Section 9, ‘‘Airworthiness
Limitations (AWLs) and Certification
Maintenance Requirements (CMRs),’’
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D622W001–9, Revision July 2011, of the
Boeing 777 Maintenance Planning Data
(MPD) Document. Including those
airplanes will ensure the ability to
obtain approval of potential future
deviations for repairs or alternative
inspections via alternative methods of
compliance (AMOCs) (as described in
paragraph (j) of this AD). Boeing made
this comment in the event another party
requested that we remove Model 777F
series airplanes from the NPRM.
We acknowledge Boeing’s concern,
and agree that there is no reason to
remove Model 777F series airplanes
from the applicability specified in the
NPRM (76 FR 3054, January 19, 2011).
We have not changed the final rule
regarding this issue.
Request To Remove Certain Advisory
Circular Reference
Note 2 of the NPRM (76 FR 3054,
January 19, 2011) (paragraph (c)(2) of
this AD) provided guidance on certain
revised operator maintenance
documents that include new
inspections. Boeing requested that we
remove the last sentence of that note,
which stated that guidance for the
determination can be found in FAA
Advisory Circular (AC) 25.1529–1A,
dated November 20, 2007 (https://
rgl.faa.gov/
Regulatory_and_Guidance_Library/
rgAdvisoryCircular.nsf). Boeing stated
that this AC, as revised, applies only to
airplanes below 7,500 pounds gross
weight, so this AC no longer applies to
Model 777 airplanes.
We agree with Boeing’s request and
rationale. We have revised paragraph (c)
of this AD accordingly.
Request To Allow Additional
Alternative Inspections and Intervals
American Airlines (AAL) and Boeing
requested that we revise paragraph (h)
of the NPRM (76 FR 3054, January 19,
2011), which prohibited alternative
inspections or intervals except as
specifically approved as AMOCs. To
reduce the workload associated with
requesting and approving AMOCs, the
commenters requested that we include
other specified procedures and
intervals.
Structurally Significant Items (SSIs)
53–00–I01, –I02, and –I03 define the
entire fuselage skin as an SSI, and AAL
was concerned that the NPRM (76 FR
3054, January 19, 2011) provided no
guidance or information on how to
address new and existing repairs. AAL
surmised that any external doubler
repair (past or future) would conceal a
portion of the skin and would need
AMOC approval for the inspection,
which would be impossible to perform
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with the repair in place. AAL contended
that any repair approved in accordance
with section 25.571 of the Federal
Aviation Regulations (14 CFR 25.571) or
section 26.43(c) of the Federal Aviation
Regulations (14 CFR 26.43(c)) has been
addressed for fatigue and damage
tolerance and would provide the level of
safety desired by the NPRM.
Boeing requested that we also allow
alternative inspections and intervals
specified in a later revision to Section
9, ‘‘Airworthiness Limitations (AWLs)
and Certification Maintenance
Requirements (CMRs),’’ D622W001–9,
of the Boeing 777 Maintenance Planning
Data (MPD) Document. Since Section 9,
‘‘Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements
(CMRs),’’ D622W001–9, of the Boeing
777 Maintenance Planning Data (MPD)
Document changes frequently and is
FAA approved, no subsequent reapproval should be necessary via
AMOC. Boeing also requested that we
allow alternative inspections and
intervals if certain damage tolerance
requirements have been met in
accordance with section 25.571(b) of the
Federal Aviation Regulations (14 CFR
25.571(b)), or section 26.43(c) of the
Federal Aviation Regulations (14 CFR
26.43(c)), or section 26.43(d) of the
Federal Aviation Regulations (14 CFR
26.43(d)).
We disagree with the requests.
Paragraph (h) in this AD requires
compliance with the inspections unless
AMOC approval is obtained as specified
in paragraph (j) of this AD. Allowing
later revisions of service documents in
an AD violates Office of the Federal
Register regulations for approving
materials incorporated by reference.
Affected operators may, however,
request approval to use a later revision
of referenced service information as an
alternative method of compliance. In
response to AAL’s concern, operators
must request a method of compliance to
address new and existing repairs, under
the provisions of paragraph (j) of the
final rule. We have not changed the
final rule regarding this issue.
Request To Allow Optional Materials
AAL requested that we revise the
NPRM (76 FR 3054, January 19, 2011) to
allow the optional use of BMS materials
(sealants) permitted in Boeing
Document D–590, the Boeing 777
Airplane Maintenance Manual, or the
Boeing 777 Structural Repair Manual—
instead of the specific materials
specified in Section 9, ‘‘Airworthiness
Limitations (AWLs) and Certification
Maintenance Requirements (CMRs),’’
D622W001–9, Revision January 2010, of
the Boeing 777 Maintenance Planning
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Data (MPD) Document. The use of
alternative materials would allow for
ready compliance if the current BMS
materials were discontinued or
improved.
We disagree with the request. The
documents referenced by the
commenter specify specific procedures
to remove the sealant, rather than
specific types of sealant. Further, some
existing ADs including those related to
Special Federal Aviation Regulation No.
88 (‘‘SFAR 88’’), Amendment 21–78 and
subsequent Amendments 21–82 and 21–
83 (67 FR 72830, December 9, 2002),
require specific sealants, which may be
identified in the BMS specifications, but
only certain sealants may be used to
comply with SFAR88; operators are
limited to the use of sealants approved
by other AD actions in areas that
overlap with this AD. The application of
the sealants and materials in Subsection
B, Airworthiness Limitations—
Structural Inspections, of Section 9,
‘‘Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements
(CMRs),’’ D622W001–9, Revision July
2011, of the Boeing 777 Maintenance
Planning Data (MPD) Document, is often
controlled by other ADs that mandate
the use of certain sealants for
Subsections D and E (of SFAR88).
Operators may request an AMOC to use
materials that have been determined to
be acceptable for the various ADs
applicable to Section 9, ‘‘Airworthiness
Limitations (AWLs) and Certification
Maintenance Requirements (CMRs),’’
D622W001–9, Revision July 2011, of the
Boeing 777 Maintenance Planning Data
(MPD) Document. We have not changed
the final rule regarding this issue.
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Request To Consider Future Boeing
Delegated Compliance Organization
Delegation
Boeing requested that we revise
paragraph (i)(3) of the NPRM (76 FR
3054, January 19, 2011), which provides
information about AMOCs for repairs.
Boeing requested that we also specify
AMOCs for inspection methods, since
there may be instances where the
operator cannot conduct the inspection
method specified in Section 9,
‘‘Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements
(CMRs),’’ D622W001–9, Revision
January 2010, of the Boeing 777
Maintenance Planning Data (MPD)
Document, identified in the NPRM.
Although authority to approve AMOCs
for supplemental inspections of baseline
structure may not currently exist for the
Boeing Delegated Compliance
Organization (BDCO), Boeing suggested
that including both repairs and
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inspections would allow for potential
future expansion of delegation.
We disagree with the request. The
nondiscretionary basis for this type of
delegation has not yet been developed.
At present, the FAA must approve tasks
that involve discretion, and may
delegate only nondiscretionary tasks. In
any event, any change to delegation
authority in the future will not affect the
AD. We have not changed the final rule
regarding this issue.
Request To Clarify Allowable
Equivalent Procedures
AAL requested clarification of certain
procedures. AAL observed the phrase
‘‘refer to,’’ used in Section 9,
‘‘Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements
(CMRs),’’ D622W001–9, Revision
January 2010, of the Boeing 777
Maintenance Planning Data (MPD)
Document, to specify certain chapters in
an AMM. AAL noted that use of this
phrase in service bulletins allows
operators to use their equivalent
procedures. AAL requested that we
revise the NPRM (76 FR 3054, January
19, 2011) to state that equivalent
procedures are acceptable where the
phrase ‘‘refer to’’ is used in Section 9,
‘‘Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements
(CMRs),’’ D622W001–9, Revision July
2011, of the Boeing 777 Maintenance
Planning Data (MPD) Document.
We disagree with the request. As the
commenter noted, the phrase ‘‘refer to’’
is used in both AMMs and Boeing
service bulletins. In a service bulletin,
use of the phrase ‘‘refer to’’ generally
means that a determination was made to
permit operators’ equivalent procedures
where applicable, and use of the phrase
‘‘as given in’’ or ‘‘in accordance with’’
generally means that operators’
equivalent procedures are not
acceptable. But these definitions do not
apply to Section 9, ‘‘Airworthiness
Limitations (AWLs) and Certification
Maintenance Requirements (CMRs),’’
D622W001–9, Revision July 2011, of the
Boeing 777 Maintenance Planning Data
(MPD) Document, for which operators’
equivalent procedures are not
specifically allowed. Under the
provisions of paragraph (j) of this final
rule, however, we will consider requests
for approval to use different procedures,
if sufficient data are submitted to
substantiate that the procedures would
provide an acceptable level of safety.
We have not changed the final rule
regarding this issue.
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21431
Request To Revise Compliance Time for
Inspecting Replacement Parts
Boeing requested that we revise
paragraph (g) of the NPRM (76 FR 3054,
January 19, 2011) to permit the
compliance time thresholds to be reset
for new replacement parts. Boeing
asserted that Section 9, ‘‘Airworthiness
Limitations (AWLs) and Certification
Maintenance Requirements (CMRs),’’
D622W001–9, Revision July 2011, of the
Boeing 777 Maintenance Planning Data
(MPD) Document does not explicitly
state that the inspection threshold for
new parts starts when the part is
replaced, and that other existing ADs
include terminating action that zerotimes certain fastener locations. Boeing
made this request to allow operators to
take credit for the younger life of those
parts.
We agree that this change is necessary
to accommodate new replacement parts.
We have changed the initial compliance
time accordingly in paragraph (g) of this
AD.
Request To Revise Compliance Time for
Reporting
JAL noted that Section 9,
‘‘Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements
(CMRs),’’ D622W001–9, Revision July
2011, of the Boeing 777 Maintenance
Planning Data (MPD) Document
includes a reporting timeframe of 10
days after an inspection finding. JAL
reported that these inspections are often
accomplished during a heavy
maintenance inspection where many
inspections are accomplished over
many days. Tracking all of the reporting
at the time of return to service is easier
rather than sending individual events
occurring during the maintenance
check. JAL therefore requested that the
reporting time frames be revised from 10
days after a finding to 10 days after the
airplane is returned to service.
We agree with JAL’s request and
rationale. We have added this reporting
provision in paragraph (g) in the final
rule. We have also added new paragraph
(i) in this final rule to explain the
requirements of the Paperwork
Reduction Act, which requires agencies
to consider the extent of the paperwork
burden that will accompany any new
rule. And we have reidentified
subsequent paragraphs accordingly.
Request To Revise Compliance Time
Determination
Boeing noted that FAA Advisory
Circular (AC) 120–93, dated November
20, 2007 (https://rgl.faa.gov/
Regulatory_and_Guidance_Library/
rgAdvisoryCircular.nsf) provides
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guidance for addressing damage
tolerance inspection requirements for
repairs and alterations to certain
removable structural components.
Boeing requested that we revise the
NPRM (76 FR 3054, January 19, 2011) to
add a provision to paragraph (g) of the
NPRM, allowing FAA AC 120–93 as a
means to establish compliance times for
rotable parts where the data are not
available.
We disagree. That AC provides
guidance and an acceptable means for
developing the age of removable parts
for the purpose of determining
compliance times for repairs and
alterations. If the actual age, flight
hours, and flight cycles are unknown for
a part affected by the AD, we would
consider the operator’s request for an
AMOC. This allows Boeing and
operators the option to propose methods
in detail that use FAA AC 120–93, dated
November 20, 2007 (https://rgl.faa.gov/
Regulatory_and_Guidance_Library/
rgAdvisoryCircular.nsf), for guidance.
We have not changed the final rule
regarding this issue.
Explanation of Additional Changes
Made to This AD
Request To Clarify Certain PSEs
Wang Jian requested clarification of
the identity of certain PSEs. Attached to
this comment was a copy of a page from
the Boeing 777F Structural Repair
Manual, which identified primary
structure for repair classification. From
this page, the commenter observed that
the main deck floor panels are identified
as PSEs on Model 777F series airplanes,
but not on other aircraft such as Model
747–400F series airplanes.
Although the commenter’s question
concerning the PSE differences between
the Model 747 and 777 is not related to
the inspections required by this AD, the
intent of the question may be explained
in more detail in FAA Advisory Circular
(AC) 25.1529–1A, dated November 20,
2007 (https://rgl.faa.gov/
Regulatory_and_Guidance_Library/
rgAdvisoryCircular.nsf). We have not
changed the final rule regarding this
issue.
We have redesignated Note 1 and
Note 2 of the NPRM (76 FR 3054,
January 19, 2011) as paragraphs (c)(1)
and (c)(2) of this AD respectively. These
changes have not changed the intent of
this AD.
Conclusion
We reviewed the relevant data,
considered the comments received, and
determined that air safety and the
public interest require adopting the AD
with the changes described previously.
We also determined that these changes
will not increase the economic burden
on any operator or increase the scope of
the AD.
Costs of Compliance
We estimate that this AD will affect
153 airplanes of U.S. registry. We
estimate the following costs to comply
with this AD:
ESTIMATED COSTS
Action
Labor cost
Parts cost
Cost per
product
Cost on
U.S.
operators
Maintenance program revision ...
1 work-hour × $85 per hour = $85 .................................................
$0
$85
$13,005
Authority for This Rulemaking
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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.
distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Is not a ‘‘significant rule’’ under
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979),
(3) Will not affect intrastate aviation
in Alaska, and
(4) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Regulatory Findings
Adoption of the Amendment
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
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
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16:37 Apr 09, 2012
Jkt 226001
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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):
■
2012–07–06 The Boeing Company:
Amendment 39–17012; Docket No.
FAA–2011–0025; Directorate Identifier
2010–NM–208–AD.
(a) Effective Date
This AD is effective May 15, 2012.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company
Model 777–200, –200LR, –300, –300ER, and
777F series airplanes, certificated in any
category, with an original airworthiness
certificate or original export certificate of
airworthiness issued before September 1,
2010.
(1) Airplanes with an original
airworthiness certificate or original export
certificate of airworthiness issued on or after
September 1, 2010, must already be in
compliance with the airworthiness
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Federal Register / Vol. 77, No. 69 / Tuesday, April 10, 2012 / Rules and Regulations
limitations (AWLs) specified in this AD
because those limitations were applicable as
part of the airworthiness certification of those
airplanes.
(2) This AD requires revisions to certain
operator maintenance documents to include
new inspections. Compliance with these
inspections is required by 14 CFR 91.403(c).
For airplanes that have been previously
modified, altered, or repaired in the areas
addressed by these inspections, the operator
may not be able to accomplish the
inspections described in the revisions. In this
situation, to comply with 14 CFR 91.403(c),
the operator must request approval for an
alternative method of compliance according
to paragraph (j) of this AD. The request
should include a description of changes to
the required inspections that will ensure the
continued damage tolerance of the affected
structure.
(3) Reports specified in Section 9,
‘‘Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements
(CMRs),’’ D622W001–9, Revision July 2011,
of the Boeing 777 Maintenance Planning Data
(MPD) Document may be submitted within
10 days after the airplane is returned to
service, instead of 10 days after each
individual finding as specified in this
document.
(d) Subject
Joint Aircraft System Component (JASC)/
Air Transport Association (ATA) of America
Codes 27, Flight Controls; 28, Fuel; 32,
Landing Gear; 52, Doors; 53, Fuselage; 54,
Nacelles/Pylons; 55, Stabilizers; and 57,
Wings.
(i) Paperwork Reduction Act Burden
Statement
A federal agency may not conduct or
sponsor, and a person is not required to
respond to, nor shall a person be subject to
a penalty for failure to comply with a
collection of information subject to the
requirements of the Paperwork Reduction
Act unless that collection of information
displays a current valid OMB Control
Number. The OMB Control Number for this
information collection is 2120–0056. Public
reporting for this collection of information is
estimated to be approximately 5 minutes per
response, including the time for reviewing
instructions, completing and reviewing the
collection of information. All responses to
this collection of information are mandatory.
Comments concerning the accuracy of this
burden and suggestions for reducing the
burden should be directed to the FAA at: 800
Independence Ave. SW., Washington, DC
20591, Attn: Information Collection
Clearance Officer, AES–200.
(e) Unsafe Condition
This AD was prompted by a new revision
to the airworthiness limitations of the
maintenance planning document. We are
issuing this AD to ensure that fatigue
cracking of various principal structural
elements (PSEs) is detected and corrected;
such fatigue cracking could adversely affect
the structural integrity of these airplanes.
tkelley on DSK3SPTVN1PROD with RULES
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Revision of Maintenance Program
(1) Within 12 months after the effective
date of this AD, revise the maintenance
program by incorporating the information in
Subsection B, Airworthiness Limitations—
Structural Inspections, of Section 9,
‘‘Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements
(CMRs),’’ D622W001–9, Revision July 2011,
of the Boeing 777 Maintenance Planning Data
(MPD) Document, except as provided by
paragraph (h) of this AD.
(2) The initial compliance time for the
inspections is within the applicable times
specified in Subsection B, Airworthiness
Limitations—Structural Inspections, of
Section 9, of ‘‘Airworthiness Limitations
(AWLs) and Certification Maintenance
Requirements (CMRs),’’ D622W001–9,
Revision July 2011, of the Boeing 777
Maintenance Planning Data (MPD)
Document, or within 18 months after the
effective date of this AD, whichever occurs
later, or within the applicable time specified
in Subsection B, Airworthiness Limitations—
Structural Inspections, of Section 9,
‘‘Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements
(CMRs),’’ D622W001–9, Revision July 2011,
of the Boeing 777 Maintenance Planning Data
(MPD) Document, from the time of
installation for new parts.
VerDate Mar<15>2010
16:37 Apr 09, 2012
Jkt 226001
(h) Alternative Inspections and Inspection
Intervals
After accomplishing the actions required
by paragraph (g) of this AD, no alternative
inspections or inspection intervals may be
used unless the alternative inspection or
interval is approved as an alternative method
of compliance (AMOC) in accordance with
the procedures specified in paragraph (j) of
this AD.
(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,
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 in
the areas affected 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
PO 00000
Frm 00043
Fmt 4700
Sfmt 4700
21433
the airplane, and the approval must
specifically refer to this AD.
(k) Related Information
For more information about this AD,
contact James Sutherland, Aerospace
Engineer, Airframe Branch, ANM–120S,
FAA, Seattle ACO, 1601 Lind Avenue SW.,
Renton, Washington 98057–3356; phone:
(425) 917–6533; fax: (425) 917–6590; email:
James.Sutherland@faa.gov.
(l) Material Incorporated by Reference
(1) You must use the following service
information to do the actions required by this
AD, unless the AD specifies otherwise. The
Director of the Federal Register approved the
incorporation by reference (IBR) under 5
U.S.C. 552(a) and 1 CFR part 51 of the
following service information:
(i) Section 9, ‘‘Airworthiness Limitations
(AWLs) and Certification Maintenance
Requirements (CMRs),’’ D622W001–9,
Revision July 2011, of the Boeing 777
Maintenance Planning Data (MPD)
Document.
(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.
(3) 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.
(4) 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 an NARA facility, 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 March
23, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2012–8228 Filed 4–9–12; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2010–1145]
RIN 1625–AA11
Regulated Navigation Area; Pacific
Sound Resources and Lockheed
Shipyard EPA Superfund Cleanup
Sites, Elliott Bay, Seattle, WA
AGENCY:
E:\FR\FM\10APR1.SGM
Coast Guard, DHS.
10APR1
Agencies
[Federal Register Volume 77, Number 69 (Tuesday, April 10, 2012)]
[Rules and Regulations]
[Pages 21429-21433]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8228]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2011-0025; Directorate Identifier 2010-NM-208-AD;
Amendment 39-17012; AD 2012-07-06]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are adopting a new airworthiness directive (AD) for certain
The Boeing Company Model 777 airplanes. This AD was prompted by a new
revision to the airworthiness limitations of the maintenance planning
document. This AD requires revising the maintenance program to update
inspection requirements to detect fatigue cracking of principal
structural elements (PSEs). We are issuing this AD to ensure that
fatigue cracking of various PSEs is detected and corrected; such
fatigue cracking could adversely affect the structural integrity of
these airplanes.
DATES: This AD is effective May 15, 2012.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of May 15, 2012.
ADDRESSES: 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.
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 (phone: 800-647-5527) is 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: James Sutherland, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue SW., Renton, Washington 98057-3356; phone: 425-917-
6533; fax: (425) 917-6590; email: James.Sutherland@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM published in the Federal Register on January 19, 2011 (76 FR
3054). That NPRM proposed to require revising the maintenance program
to update inspection requirements to detect fatigue cracking of
principal structural elements (PSEs).
Comments
We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
(76 FR 3054, January 19, 2011) and the FAA's response to each comment.
Request To Refer to Latest Service Information
Boeing and Japan Airlines (JAL) requested that we revise the NPRM
(76 FR 3054, January 19, 2011) to refer to two new revisions of Section
9, ``Airworthiness Limitations (AWLs) and Certification Maintenance
Requirements (CMRs),'' D622W001-9, of the Boeing 777 Maintenance
Planning Data (MPD) Document, published after we issued the NPRM.
Boeing stated that both revisions contain the same structures
airworthiness limitations (AWL) data, but were revised for reasons that
did not affect the data in Subsection B, Airworthiness Limitations--
Structural Inspections of that document, which was specified in the
NPRM.
We agree with the request to refer to the later service
information. We have changed this final rule to refer to Section 9,
``Airworthiness Limitations (AWLs) and Certification Maintenance
Requirements (CMRs),'' D622W001-9, Revision July 2011, of the Boeing
777 Maintenance Planning Data (MPD) Document to this AD. (Section 9,
``Airworthiness Limitations (AWLs) and Certification Maintenance
Requirements (CMRs),'' D622W001-9, Revision January 2010, of the Boeing
777 Maintenance Planning Data (MPD) Document was specified in the NPRM
(76 FR 3054, January 19, 2011).) (Subsection B, Airworthiness
Limitations--Structural Inspections, of Section 9, ``Airworthiness
Limitations (AWLs) and Certification Maintenance Requirements (CMRs),''
D622W001-9, of the Boeing 777 Maintenance Planning Data (MPD) Document
is identical to the January 2010 revision.) We have changed paragraph
(g) in this final rule accordingly.
[[Page 21430]]
Request To Revise Inspection Requirements for Certain Airplanes
JAL requested that, for certain airplanes, we revise paragraph (g)
of the NPRM (76 FR 3054, January 19, 2011) to require inspection
procedures and intervals as determined by the damage tolerance rating
check form, rather than Section 2, Structural Inspection Program, of
the Boeing 777 Maintenance Planning Data (MPD) Document. JAL
acknowledged that Section 2 of this MPD document usually incorporates
recommended inspection procedures and intervals. JAL noted, however,
that Section 2 in the latest revision of this MPD document includes
data only for Model 777-200 series airplanes. Since no data are
provided for the remaining airplanes affected by this AD (Model 777-
200LR, -300, -300ER, and 777F series airplanes), JAL requested that
those airplanes be excluded from the requirement until the MPD document
includes relevant data.
We do not agree that the requested change is necessary, because the
information regarding required inspection methods and intervals for
these airplanes is provided in Subsection B, Airworthiness
Limitations--Structural Inspections, of Section 9, ``Airworthiness
Limitations (AWLs) and Certification Maintenance Requirements (CMRs),''
D622W001-9, Revision July 2011, of the Boeing 777 Maintenance Planning
Data (MPD) Document. We have not changed the final rule regarding this
issue.
Request To Retain Applicability
Boeing also advised that the revised inspection requirements in
Section 9, ``Airworthiness Limitations (AWLs) and Certification
Maintenance Requirements (CMRs),'' D622W001-9, Revision July 2011, of
the Boeing 777 Maintenance Planning Data (MPD) Document, affect only
Model 777-200, -300, -300ER and -200LR series airplanes. Boeing
reported that Section 9 of the Boeing 777F MPD document was previously
developed based on the same damage tolerance methods and the same fleet
and full-scale test data as those included in Section 9,
``Airworthiness Limitations (AWLs) and Certification Maintenance
Requirements (CMRs),'' D622W001-9, Revision July 2011, of the Boeing
777 Maintenance Planning Data (MPD) Document. Boeing asserted,
therefore, that Model 777F series airplanes should be included in the
applicability of the NPRM (76 FR 3054, January 19, 2011) regardless of
changes made to Section 9, ``Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements (CMRs),'' D622W001-9, Revision
July 2011, of the Boeing 777 Maintenance Planning Data (MPD) Document.
Including those airplanes will ensure the ability to obtain approval of
potential future deviations for repairs or alternative inspections via
alternative methods of compliance (AMOCs) (as described in paragraph
(j) of this AD). Boeing made this comment in the event another party
requested that we remove Model 777F series airplanes from the NPRM.
We acknowledge Boeing's concern, and agree that there is no reason
to remove Model 777F series airplanes from the applicability specified
in the NPRM (76 FR 3054, January 19, 2011). We have not changed the
final rule regarding this issue.
Request To Remove Certain Advisory Circular Reference
Note 2 of the NPRM (76 FR 3054, January 19, 2011) (paragraph (c)(2)
of this AD) provided guidance on certain revised operator maintenance
documents that include new inspections. Boeing requested that we remove
the last sentence of that note, which stated that guidance for the
determination can be found in FAA Advisory Circular (AC) 25.1529-1A,
dated November 20, 2007 (https://rgl.faa.gov/Regulatory_and_Guidance_Library/rgAdvisoryCircular.nsf). Boeing stated that this AC, as
revised, applies only to airplanes below 7,500 pounds gross weight, so
this AC no longer applies to Model 777 airplanes.
We agree with Boeing's request and rationale. We have revised
paragraph (c) of this AD accordingly.
Request To Allow Additional Alternative Inspections and Intervals
American Airlines (AAL) and Boeing requested that we revise
paragraph (h) of the NPRM (76 FR 3054, January 19, 2011), which
prohibited alternative inspections or intervals except as specifically
approved as AMOCs. To reduce the workload associated with requesting
and approving AMOCs, the commenters requested that we include other
specified procedures and intervals.
Structurally Significant Items (SSIs) 53-00-I01, -I02, and -I03
define the entire fuselage skin as an SSI, and AAL was concerned that
the NPRM (76 FR 3054, January 19, 2011) provided no guidance or
information on how to address new and existing repairs. AAL surmised
that any external doubler repair (past or future) would conceal a
portion of the skin and would need AMOC approval for the inspection,
which would be impossible to perform with the repair in place. AAL
contended that any repair approved in accordance with section 25.571 of
the Federal Aviation Regulations (14 CFR 25.571) or section 26.43(c) of
the Federal Aviation Regulations (14 CFR 26.43(c)) has been addressed
for fatigue and damage tolerance and would provide the level of safety
desired by the NPRM.
Boeing requested that we also allow alternative inspections and
intervals specified in a later revision to Section 9, ``Airworthiness
Limitations (AWLs) and Certification Maintenance Requirements (CMRs),''
D622W001-9, of the Boeing 777 Maintenance Planning Data (MPD) Document.
Since Section 9, ``Airworthiness Limitations (AWLs) and Certification
Maintenance Requirements (CMRs),'' D622W001-9, of the Boeing 777
Maintenance Planning Data (MPD) Document changes frequently and is FAA
approved, no subsequent re-approval should be necessary via AMOC.
Boeing also requested that we allow alternative inspections and
intervals if certain damage tolerance requirements have been met in
accordance with section 25.571(b) of the Federal Aviation Regulations
(14 CFR 25.571(b)), or section 26.43(c) of the Federal Aviation
Regulations (14 CFR 26.43(c)), or section 26.43(d) of the Federal
Aviation Regulations (14 CFR 26.43(d)).
We disagree with the requests. Paragraph (h) in this AD requires
compliance with the inspections unless AMOC approval is obtained as
specified in paragraph (j) of this AD. Allowing later revisions of
service documents in an AD violates Office of the Federal Register
regulations for approving materials incorporated by reference. Affected
operators may, however, request approval to use a later revision of
referenced service information as an alternative method of compliance.
In response to AAL's concern, operators must request a method of
compliance to address new and existing repairs, under the provisions of
paragraph (j) of the final rule. We have not changed the final rule
regarding this issue.
Request To Allow Optional Materials
AAL requested that we revise the NPRM (76 FR 3054, January 19,
2011) to allow the optional use of BMS materials (sealants) permitted
in Boeing Document D-590, the Boeing 777 Airplane Maintenance Manual,
or the Boeing 777 Structural Repair Manual--instead of the specific
materials specified in Section 9, ``Airworthiness Limitations (AWLs)
and Certification Maintenance Requirements (CMRs),'' D622W001-9,
Revision January 2010, of the Boeing 777 Maintenance Planning
[[Page 21431]]
Data (MPD) Document. The use of alternative materials would allow for
ready compliance if the current BMS materials were discontinued or
improved.
We disagree with the request. The documents referenced by the
commenter specify specific procedures to remove the sealant, rather
than specific types of sealant. Further, some existing ADs including
those related to Special Federal Aviation Regulation No. 88 (``SFAR
88''), Amendment 21-78 and subsequent Amendments 21-82 and 21-83 (67 FR
72830, December 9, 2002), require specific sealants, which may be
identified in the BMS specifications, but only certain sealants may be
used to comply with SFAR88; operators are limited to the use of
sealants approved by other AD actions in areas that overlap with this
AD. The application of the sealants and materials in Subsection B,
Airworthiness Limitations--Structural Inspections, of Section 9,
``Airworthiness Limitations (AWLs) and Certification Maintenance
Requirements (CMRs),'' D622W001-9, Revision July 2011, of the Boeing
777 Maintenance Planning Data (MPD) Document, is often controlled by
other ADs that mandate the use of certain sealants for Subsections D
and E (of SFAR88). Operators may request an AMOC to use materials that
have been determined to be acceptable for the various ADs applicable to
Section 9, ``Airworthiness Limitations (AWLs) and Certification
Maintenance Requirements (CMRs),'' D622W001-9, Revision July 2011, of
the Boeing 777 Maintenance Planning Data (MPD) Document. We have not
changed the final rule regarding this issue.
Request To Consider Future Boeing Delegated Compliance Organization
Delegation
Boeing requested that we revise paragraph (i)(3) of the NPRM (76 FR
3054, January 19, 2011), which provides information about AMOCs for
repairs. Boeing requested that we also specify AMOCs for inspection
methods, since there may be instances where the operator cannot conduct
the inspection method specified in Section 9, ``Airworthiness
Limitations (AWLs) and Certification Maintenance Requirements (CMRs),''
D622W001-9, Revision January 2010, of the Boeing 777 Maintenance
Planning Data (MPD) Document, identified in the NPRM. Although
authority to approve AMOCs for supplemental inspections of baseline
structure may not currently exist for the Boeing Delegated Compliance
Organization (BDCO), Boeing suggested that including both repairs and
inspections would allow for potential future expansion of delegation.
We disagree with the request. The nondiscretionary basis for this
type of delegation has not yet been developed. At present, the FAA must
approve tasks that involve discretion, and may delegate only
nondiscretionary tasks. In any event, any change to delegation
authority in the future will not affect the AD. We have not changed the
final rule regarding this issue.
Request To Clarify Allowable Equivalent Procedures
AAL requested clarification of certain procedures. AAL observed the
phrase ``refer to,'' used in Section 9, ``Airworthiness Limitations
(AWLs) and Certification Maintenance Requirements (CMRs),'' D622W001-9,
Revision January 2010, of the Boeing 777 Maintenance Planning Data
(MPD) Document, to specify certain chapters in an AMM. AAL noted that
use of this phrase in service bulletins allows operators to use their
equivalent procedures. AAL requested that we revise the NPRM (76 FR
3054, January 19, 2011) to state that equivalent procedures are
acceptable where the phrase ``refer to'' is used in Section 9,
``Airworthiness Limitations (AWLs) and Certification Maintenance
Requirements (CMRs),'' D622W001-9, Revision July 2011, of the Boeing
777 Maintenance Planning Data (MPD) Document.
We disagree with the request. As the commenter noted, the phrase
``refer to'' is used in both AMMs and Boeing service bulletins. In a
service bulletin, use of the phrase ``refer to'' generally means that a
determination was made to permit operators' equivalent procedures where
applicable, and use of the phrase ``as given in'' or ``in accordance
with'' generally means that operators' equivalent procedures are not
acceptable. But these definitions do not apply to Section 9,
``Airworthiness Limitations (AWLs) and Certification Maintenance
Requirements (CMRs),'' D622W001-9, Revision July 2011, of the Boeing
777 Maintenance Planning Data (MPD) Document, for which operators'
equivalent procedures are not specifically allowed. Under the
provisions of paragraph (j) of this final rule, however, we will
consider requests for approval to use different procedures, if
sufficient data are submitted to substantiate that the procedures would
provide an acceptable level of safety. We have not changed the final
rule regarding this issue.
Request To Revise Compliance Time for Inspecting Replacement Parts
Boeing requested that we revise paragraph (g) of the NPRM (76 FR
3054, January 19, 2011) to permit the compliance time thresholds to be
reset for new replacement parts. Boeing asserted that Section 9,
``Airworthiness Limitations (AWLs) and Certification Maintenance
Requirements (CMRs),'' D622W001-9, Revision July 2011, of the Boeing
777 Maintenance Planning Data (MPD) Document does not explicitly state
that the inspection threshold for new parts starts when the part is
replaced, and that other existing ADs include terminating action that
zero-times certain fastener locations. Boeing made this request to
allow operators to take credit for the younger life of those parts.
We agree that this change is necessary to accommodate new
replacement parts. We have changed the initial compliance time
accordingly in paragraph (g) of this AD.
Request To Revise Compliance Time for Reporting
JAL noted that Section 9, ``Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements (CMRs),'' D622W001-9, Revision
July 2011, of the Boeing 777 Maintenance Planning Data (MPD) Document
includes a reporting timeframe of 10 days after an inspection finding.
JAL reported that these inspections are often accomplished during a
heavy maintenance inspection where many inspections are accomplished
over many days. Tracking all of the reporting at the time of return to
service is easier rather than sending individual events occurring
during the maintenance check. JAL therefore requested that the
reporting time frames be revised from 10 days after a finding to 10
days after the airplane is returned to service.
We agree with JAL's request and rationale. We have added this
reporting provision in paragraph (g) in the final rule. We have also
added new paragraph (i) in this final rule to explain the requirements
of the Paperwork Reduction Act, which requires agencies to consider the
extent of the paperwork burden that will accompany any new rule. And we
have reidentified subsequent paragraphs accordingly.
Request To Revise Compliance Time Determination
Boeing noted that FAA Advisory Circular (AC) 120-93, dated November
20, 2007 (https://rgl.faa.gov/Regulatory_and_Guidance_Library/rgAdvisoryCircular.nsf) provides
[[Page 21432]]
guidance for addressing damage tolerance inspection requirements for
repairs and alterations to certain removable structural components.
Boeing requested that we revise the NPRM (76 FR 3054, January 19, 2011)
to add a provision to paragraph (g) of the NPRM, allowing FAA AC 120-93
as a means to establish compliance times for rotable parts where the
data are not available.
We disagree. That AC provides guidance and an acceptable means for
developing the age of removable parts for the purpose of determining
compliance times for repairs and alterations. If the actual age, flight
hours, and flight cycles are unknown for a part affected by the AD, we
would consider the operator's request for an AMOC. This allows Boeing
and operators the option to propose methods in detail that use FAA AC
120-93, dated November 20, 2007 (https://rgl.faa.gov/Regulatory_and_Guidance_Library/rgAdvisoryCircular.nsf), for guidance. We have not
changed the final rule regarding this issue.
Request To Clarify Certain PSEs
Wang Jian requested clarification of the identity of certain PSEs.
Attached to this comment was a copy of a page from the Boeing 777F
Structural Repair Manual, which identified primary structure for repair
classification. From this page, the commenter observed that the main
deck floor panels are identified as PSEs on Model 777F series
airplanes, but not on other aircraft such as Model 747-400F series
airplanes.
Although the commenter's question concerning the PSE differences
between the Model 747 and 777 is not related to the inspections
required by this AD, the intent of the question may be explained in
more detail in FAA Advisory Circular (AC) 25.1529-1A, dated November
20, 2007 (https://rgl.faa.gov/Regulatory_and_Guidance_Library/rgAdvisoryCircular.nsf). We have not changed the final rule regarding
this issue.
Explanation of Additional Changes Made to This AD
We have redesignated Note 1 and Note 2 of the NPRM (76 FR 3054,
January 19, 2011) as paragraphs (c)(1) and (c)(2) of this AD
respectively. These changes have not changed the intent of this AD.
Conclusion
We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously. We also determined that
these changes will not increase the economic burden on any operator or
increase the scope of the AD.
Costs of Compliance
We estimate that this AD will affect 153 airplanes of U.S.
registry. We estimate the following costs to comply with this AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
Maintenance program revision.......... 1 work-hour x $85 per hour = $0 $85 $13,005
$85.
----------------------------------------------------------------------------------------------------------------
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
(3) Will not affect intrastate aviation in Alaska, and
(4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
2012-07-06 The Boeing Company: Amendment 39-17012; Docket No. FAA-
2011-0025; Directorate Identifier 2010-NM-208-AD.
(a) Effective Date
This AD is effective May 15, 2012.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company Model 777-200, -200LR, -
300, -300ER, and 777F series airplanes, certificated in any
category, with an original airworthiness certificate or original
export certificate of airworthiness issued before September 1, 2010.
(1) Airplanes with an original airworthiness certificate or
original export certificate of airworthiness issued on or after
September 1, 2010, must already be in compliance with the
airworthiness
[[Page 21433]]
limitations (AWLs) specified in this AD because those limitations
were applicable as part of the airworthiness certification of those
airplanes.
(2) This AD requires revisions to certain operator maintenance
documents to include new inspections. Compliance with these
inspections is required by 14 CFR 91.403(c). For airplanes that have
been previously modified, altered, or repaired in the areas
addressed by these inspections, the operator may not be able to
accomplish the inspections described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance according
to paragraph (j) of this AD. The request should include a
description of changes to the required inspections that will ensure
the continued damage tolerance of the affected structure.
(d) Subject
Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Codes 27, Flight Controls; 28, Fuel; 32, Landing
Gear; 52, Doors; 53, Fuselage; 54, Nacelles/Pylons; 55, Stabilizers;
and 57, Wings.
(e) Unsafe Condition
This AD was prompted by a new revision to the airworthiness
limitations of the maintenance planning document. We are issuing
this AD to ensure that fatigue cracking of various principal
structural elements (PSEs) is detected and corrected; such fatigue
cracking could adversely affect the structural integrity of these
airplanes.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Revision of Maintenance Program
(1) Within 12 months after the effective date of this AD, revise
the maintenance program by incorporating the information in
Subsection B, Airworthiness Limitations--Structural Inspections, of
Section 9, ``Airworthiness Limitations (AWLs) and Certification
Maintenance Requirements (CMRs),'' D622W001-9, Revision July 2011,
of the Boeing 777 Maintenance Planning Data (MPD) Document, except
as provided by paragraph (h) of this AD.
(2) The initial compliance time for the inspections is within
the applicable times specified in Subsection B, Airworthiness
Limitations--Structural Inspections, of Section 9, of
``Airworthiness Limitations (AWLs) and Certification Maintenance
Requirements (CMRs),'' D622W001-9, Revision July 2011, of the Boeing
777 Maintenance Planning Data (MPD) Document, or within 18 months
after the effective date of this AD, whichever occurs later, or
within the applicable time specified in Subsection B, Airworthiness
Limitations--Structural Inspections, of Section 9, ``Airworthiness
Limitations (AWLs) and Certification Maintenance Requirements
(CMRs),'' D622W001-9, Revision July 2011, of the Boeing 777
Maintenance Planning Data (MPD) Document, from the time of
installation for new parts.
(3) Reports specified in Section 9, ``Airworthiness Limitations
(AWLs) and Certification Maintenance Requirements (CMRs),''
D622W001-9, Revision July 2011, of the Boeing 777 Maintenance
Planning Data (MPD) Document may be submitted within 10 days after
the airplane is returned to service, instead of 10 days after each
individual finding as specified in this document.
(h) Alternative Inspections and Inspection Intervals
After accomplishing the actions required by paragraph (g) of
this AD, no alternative inspections or inspection intervals may be
used unless the alternative inspection or interval is approved as an
alternative method of compliance (AMOC) in accordance with the
procedures specified in paragraph (j) of this AD.
(i) Paperwork Reduction Act Burden Statement
A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty
for failure to comply with a collection of information subject to
the requirements of the Paperwork Reduction Act unless that
collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 5 minutes per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.
(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, 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 in the areas affected 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 the
approval must specifically refer to this AD.
(k) Related Information
For more information about this AD, contact James Sutherland,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle ACO,
1601 Lind Avenue SW., Renton, Washington 98057-3356; phone: (425)
917-6533; fax: (425) 917-6590; email: James.Sutherland@faa.gov.
(l) Material Incorporated by Reference
(1) You must use the following service information to do the
actions required by this AD, unless the AD specifies otherwise. The
Director of the Federal Register approved the incorporation by
reference (IBR) under 5 U.S.C. 552(a) and 1 CFR part 51 of the
following service information:
(i) Section 9, ``Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements (CMRs),'' D622W001-9,
Revision July 2011, of the Boeing 777 Maintenance Planning Data
(MPD) Document.
(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.
(3) 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.
(4) 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 an NARA facility, 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 March 23, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-8228 Filed 4-9-12; 8:45 am]
BILLING CODE 4910-13-P