Airworthiness Directives; The Boeing Company Airplanes, 24835-24838 [2012-9949]

Download as PDF Federal Register / Vol. 77, No. 81 / Thursday, April 26, 2012 / Rules and Regulations instructions in Airbus All Operators Telex A310–29A2101, Revision 01, dated April 12, 2011 (for airplanes equipped with EATON (formerly VICKERS) hydraulic EMPs); or Airbus All Operators Telex A310–29A2102, dated April 12, 2011 (for airplanes equipped with PARKER (formerly ABEX) hydraulic EMPs). (2) Revise the Limitations section of the applicable AFM to prohibit the in-flight use of the green EMPs. This may be accomplished by inserting a copy of this AD into the Limitations section of the AFM. mstockstill on DSK4VPTVN1PROD with RULES (h) Inspecting for Damage and Chafing Within 500 flight hours or 4 months after the effective date of this AD, whichever occurs first, do a one-time general visual inspection for correct condition (i.e., no damage and no chafing) and correct installation of the hydraulic pressure hoses, electrical conduits, feeder cables, and associated clamping devices at frame 54, as well as the electrical conduits and feeder cables underneath the clamps (including removal of the concerned clamps), in accordance with the instructions in Airbus All Operators Telex A310–29A2101, Revision 01, dated April 12, 2011 (for airplanes equipped with EATON (formerly VICKERS) hydraulic EMPs); or Airbus All Operators Telex A310–29A2102, dated April 12, 2011 (for airplanes equipped with PARKER (formerly ABEX) hydraulic EMPs). If any incorrect installation is found, before further flight, install the affected parts correctly, in accordance with Airbus All Operators Telex A310–29A2101, Revision 01, dated April 12, 2011 (for airplanes equipped with EATON (formerly VICKERS) hydraulic EMPs); or Airbus All Operators Telex A310–29A2102, dated April 12, 2011 (for airplanes equipped with PARKER (formerly ABEX) hydraulic EMPs). (1) If any damage or chafing marks are found during the inspection required by paragraph (h) of this AD, before further flight, replace or repair the affected parts (hydraulic pressure hoses, electrical conduits, feeder cables, clamps, and spacer, if installed), in accordance with the instructions in Airbus All Operators Telex A310–29A2101, Revision 01, dated April 12, 2011 (for airplanes equipped with EATON (formerly VICKERS) hydraulic EMPs); or Airbus All Operators Telex A310–29A2102, dated April 12, 2011 (for airplanes equipped with PARKER (formerly ABEX) hydraulic EMPs). (2) Before further flight after compliance with the requirements of paragraph (h) of this AD, as applicable, remove the placard required by paragraph (g)(1) of this AD; and remove the revision of the Limitations section of the AFM, as required by paragraph (g)(2) of this AD; from the airplane and the AFM, respectively. (i) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM–116, 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 VerDate Mar<15>2010 16:14 Apr 25, 2012 Jkt 226001 request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the International Branch, send it to ATTN: Dan Rodina, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, Washington 98057– 3356; telephone (425) 227–2125; fax (425) 227–1149. Information may be emailed to: 9-ANM-116-AMOC-REQUESTS@faa.gov. 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. The AMOC approval letter must specifically reference this AD. (2) Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service. (j) Related Information Refer to MCAI EASA Airworthiness Directive 2011–0071, dated April 18, 2011; Airbus All Operators Telex A310–29A2101, Revision 01, dated April 12, 2011; and Airbus All Operators Telex A310–29A2102, dated April 12, 2011; for related information. (k) 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) of the following service information under 5 U.S.C. 552(a) and 1 CFR part 51: (i) Airbus All Operators Telex A310– 29A2101, Revision 01, dated April 12, 2011. The document number, revision level, and issue date of this document is specified only on the first page of the document. (ii) Airbus All Operators Telex A310– 29A2102, dated April 12, 2011. The document number, revision level, and issue date of this document is specified only on the first page of the document. (2) For service information identified in this AD, contact Airbus SAS—EAW (Airworthiness Office), 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email: account.airwortheas@airbus.com; Internet http:// www.airbus.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 http://www.archives.gov/ federal_register/code_of_federal_regulations/ ibr_locations.html. PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 24835 Issued in Renton, Washington, on April 12, 2012. John P. Piccola, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2012–9475 Filed 4–25–12; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2010–0277; Directorate Identifier 2009–NM–217–AD; Amendment 39–17031; AD 2012–08–14] RIN 2120–AA64 Airworthiness Directives; The Boeing Company Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 767 airplanes. This AD was prompted by reports of cracking in the upper wing skin at the fastener holes common to the pitch load fittings of the inboard and outboard front spar, which could result in the loss of the strut-to-wing upper link load path and possible separation of a strut and engine from the airplane during flight. This AD requires repetitive inspections to detect fatigue cracking in the wing skin, and corrective actions if necessary. We are issuing this AD to correct the unsafe condition on these products. DATES: This AD is effective May 31, 2012. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of May 31, 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. SUMMARY: Examining the AD Docket You may examine the AD docket on the Internet at http:// E:\FR\FM\26APR1.SGM 26APR1 24836 Federal Register / Vol. 77, No. 81 / Thursday, April 26, 2012 / Rules and Regulations 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: 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: Discussion We issued a supplemental notice of proposed rulemaking (SNPRM) to amend 14 CFR part 39 to include an AD that would apply to the specified products. That SNPRM was published in the Federal Register on October 11, 2011 (76 FR 62663). The original NPRM (75 FR 15357, March 29, 2010) proposed to require repetitive inspections to detect fatigue cracking in the upper wing skin at the fastener holes common to the pitch load fittings of the inboard and outboard front spar, and corrective actions if necessary. The SNPRM proposed to revise that NPRM by reducing compliance times. Comments We gave the public the opportunity to participate in developing this AD. The following presents the comments received on the SNPRM (76 FR 62663, October 11, 2011) and the FAA’s response to each comment. Supportive Comment Boeing concurs with the contents of the SNPRM (76 FR 62663, October 11, 2011). Request for Relief From Alternative Methods of Compliance (AMOC) Requirement Aviation Partners Boeing (APB) requested that we revise the SNPRM (76 FR 62663, October 11, 2011) to state that supplemental type certificate (STC) ST01920SE (http://rgl.faa.gov/ Regulatory_and_Guidance_Library/ rgstc.nsf/0/082838ee177dbf6286257 6a4005cdfc0/$FILE/ST01920SE.pdf), has no impact on the inspection intervals and corrective actions. APB stated that structural analysis shows that the inspection intervals and required corrective actions in the SNPRM are unaffected by the installation of the APB winglets; therefore, there is no need for an AMOC. We agree with the request. We must receive a request for approval of an AMOC, as required by 14 CFR 39.17 (Section 39.17 of the Federal Aviation Regulations), if a change in a product affects the ability to accomplish the actions required by the AD. We agree that the referenced STC does not affect accomplishment of the requirements of this AD, and an AMOC is not necessary for a ‘‘change in product’’ AMOC approval request. We have therefore added this provision in new Note 1 to paragraph (c) of this AD. Request To Revise Paragraph (g) of the SNPRM (76 FR 62663, October 11, 2011) Delta requested that we revise paragraph (g) of the SNPRM (76 FR 62663, October 11, 2011) to include the following statement: If, during opening for access to perform Part 2 inspection [of the Accomplishment Instructions of Boeing Alert Service Bulletin 767–57A0117, Revision 1, dated March 2, 2011], a freeze plug is found in the upper skin at any fastener location included in the service bulletin, then the inspections per Part 2 must be discontinued, and Part 1 inspections must be used for that wing for that visit and for all subsequent repeat inspections. Delta stated that since open-hole eddy current inspections of any freeze plug would not detect cracks, the requirement to use Part 2 inspections should not be applied to any freeze plug including previously accomplished repairs. Although we agree with the commenter’s characterization of the requirements, we disagree that it is necessary to make this distinction in the AD. Boeing Alert Service Bulletin 767– 57A0117, Revision 1, dated March 2, 2011, clearly states which inspection must be done, but we have added ‘‘as applicable’’ in the first sentence of paragraph (g) of this AD, to clarify that only the actions that apply to the individual airplane are required. Additional Changes to This Final Rule We have revised the heading and wording for paragraph (i) of this AD. These changes do not affect 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 and minor editorial changes. We have determined that these minor changes: • Are consistent with the intent that was proposed in the SNPRM (76 FR 62663, October 11, 2011) for correcting the unsafe condition; and • Do not add any additional burden upon the public than was already proposed in the SNPRM (76 FR 62663, October 11, 2011). 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 affects 417 airplanes of U.S. registry. We estimate the following costs to comply with this AD: ESTIMATED COSTS Labor cost Parts cost Cost per product Cost on U.S. operators Inspection .......... mstockstill on DSK4VPTVN1PROD with RULES Action 10 work-hours × $85 per hour = $850 per inspection cycle ........................ $28,836 $29,686 $12,379,062 We estimate the following costs to do any necessary repairs that would be VerDate Mar<15>2010 16:14 Apr 25, 2012 Jkt 226001 required based on the results of the inspection. We have no way of PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 determining the number of aircraft that might need these repairs: E:\FR\FM\26APR1.SGM 26APR1 Federal Register / Vol. 77, No. 81 / Thursday, April 26, 2012 / Rules and Regulations 24837 ON-CONDITION COSTS Action Labor cost Hole repair ...................................... Fastener replacement ..................... Freeze plug repair .......................... 1 work-hour per hole = up to $4,080 per 1 work-hour per hole = up to $4,080 per 1 work-hour per hole = up to $4,080 per Authority for This Rulemaking Title 49 of the United States Code specifies the FAA’s authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency’s authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: ‘‘General requirements.’’ Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. mstockstill on DSK4VPTVN1PROD with RULES 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. VerDate Mar<15>2010 16:14 Apr 25, 2012 Jkt 226001 Parts cost × maximum 48 holes per airplane × $85 per hour airplane. × maximum 48 holes per airplane × $85 per hour airplane. × maximum 48 holes per airplane × $85 per hour airplane. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): ■ 2012–08–14 The Boeing Company: Amendment 39–17031; Docket No. FAA–2010–0277; Directorate Identifier 2009–NM–217–AD. (a) Effective Date This AD is effective May 31, 2012. (b) Affected ADs None. (c) Applicability This AD applies to The Boeing Company Model 767–200, –300, –300F, and –400ER series airplanes; certificated in any category; as identified in Boeing Alert Service Bulletin 767–57A0117, Revision 1, dated March 2, 2011. Note 1 to paragraph (c) of this AD: Supplemental Type Certificate (STC) ST01920SE (http://rgl.faa.gov/ Regulatory_and_Guidance_Library/rgstc.nsf/ 0/082838ee177dbf62862576a4005cdfc0/ $FILE/ST01920SE.pdf) does not affect the ability to accomplish the actions required by this AD. Therefore, for airplanes on which STC ST01920SE is installed, a ‘‘change in product’’ alternative method of compliance (AMOC) approval request is not necessary to comply with the requirements of 14 CFR 39.17. For all other AMOC requests, the operator must request approval for an AMOC according to paragraph (j) of this AD. Cost per product $0 Up to $4,080. 0 Up to $4,080. 0 Up to $4,080. spar. We are issuing this AD to detect and correct fatigue cracking in the upper surface of the upper wing skin at the fastener holes common to the pitch load fittings of the inboard and outboard front spar, which could result in the loss of the strut-to-wing upper link load path and possible separation of a strut and engine from the airplane during flight. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Initial and Repetitive Inspections Except as provided by paragraph (h) of this AD, at the applicable time specified in paragraph 1.E., ‘‘Compliance,’’ of Boeing Alert Service Bulletin 767–57A0117, Revision 1, dated March 2, 2011: Do detailed and ultrasonic inspections, or do an openhole high-frequency eddy current inspection, as applicable, to detect cracking in the upper surface of the upper wing skin at the fastener holes common to the pitch load fittings of the inboard and outboard front spar; and do all applicable corrective actions; in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 767–57A0117, Revision 1, dated March 2, 2011, except as required by paragraph (h) of this AD. Do all applicable corrective actions before further flight. Repeat the applicable inspections thereafter at intervals not to exceed the applicable time specified in paragraph 1.E., ‘‘Compliance,’’ of Boeing Alert Service Bulletin 767–57A0117, Revision 1, dated March 2, 2011. (d) Subject Joint Aircraft System Component (JASC)/ Air Transport Association (ATA) of America Code 57, Wings. (h) Exceptions to the Service Bulletin (1) If any cracking is found during any inspection required by this AD, and Boeing Alert Service Bulletin 767–57A0117, Revision 1, dated March 2, 2011, specifies to contact Boeing for additional instructions: 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 Alert Service Bulletin 767–57A0117, Revision 1, dated March 2, 2011, specifies a compliance time after the date of the original issue of Boeing Alert Service Bulletin 767–57A0117, dated October 1, 2009: This AD requires compliance within the specified compliance time after the effective date of this AD. (e) Unsafe Condition This AD was prompted by reports of cracking in the upper wing skin at the fastener holes common to the pitch load fittings of the inboard and outboard front (i) Credit for Previous Actions This paragraph provides credit for the actions required by paragraph (g) of this AD, if those actions were performed before the effective date of this AD using Boeing Alert PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\26APR1.SGM 26APR1 24838 Federal Register / Vol. 77, No. 81 / Thursday, April 26, 2012 / Rules and Regulations Service Bulletin 767–57A0117, dated October 1, 2009. to: http://www.archives.gov/federal-register/ cfr/ibr_locations.html. (j) Alternative Methods of Compliance (AMOCs) Issued in Renton, Washington, on April 11, 2012. John P. Piccola, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. (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 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 Aircraft Certification Office (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. mstockstill on DSK4VPTVN1PROD with RULES (k) Related Information For more information about this AD, 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. Or, email information to 9–ANM–Seattle-ACO– AMOC–Requests@faa.gov. [FR Doc. 2012–9949 Filed 4–25–12; 8:45 am] BILLING CODE 4910–13–P 16:14 Apr 25, 2012 Jkt 226001 On February 27, 2012, we published a notice of proposed rulemaking (NPRM) entitled ‘‘Safety Zone; Magothy River, Sillery Bay, MD’’ in the Federal Register (77 FR 11423). We received no comments on the proposed rule. No public meeting was requested, and none was held. Basis and Purpose DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2012–0001] RIN 1625–AA00 Safety Zone; Magothy River, Sillery Bay, MD Coast Guard, DHS. Final rule. AGENCY: ACTION: The Coast Guard is establishing a safety zone in certain waters of the Magothy River, in Sillery Bay, Maryland. This safety zone is necessary to provide for the safety of life, property and the environment. This safety zone restricts the movement of vessels throughout the regulated area during The Bumper Bash, held annually on the fourth Saturday of July. DATES: This rule is effective May 29, 2012. SUMMARY: Comments and material received from the public, as well as (l) Material Incorporated by Reference documents mentioned in this preamble as being available in the docket, are part (1) You must use the following service information to do the actions required by this of docket USCG–2012–0001 and are AD, unless the AD specifies otherwise. The available online by going to http:// Director of the Federal Register approved the www.regulations.gov, inserting USCG– incorporation by reference (IBR) of the 2012–0001 in the ‘‘Keyword’’ box, and following service information under 5 U.S.C. then clicking ‘‘Search.’’ This material is 552(a) and 1 CFR part 51. also available for inspection or copying (i) Boeing Alert Service Bulletin 767– at the Docket Management Facility (M– 57A0117, Revision 1, dated March 2, 2011. 30), U.S. Department of Transportation, (2) For service information identified in West Building Ground Floor, Room this AD, contact Boeing Commercial W12–140, 1200 New Jersey Avenue SE., Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H–65, Washington, DC 20590, between 9 a.m. Seattle, Washington 98124–2207; telephone and 5 p.m., Monday through Friday, 206–544–5000, extension 1; fax 206–766– except Federal holidays. 5680; email me.boecom@boeing.com; Internet FOR FURTHER INFORMATION CONTACT: If https://www.myboeingfleet.com. you have questions on this rule, call or (3) You may review copies of the service email Mr. Ronald Houck, Sector information at the FAA, Transport Airplane Baltimore Waterways Management Directorate, 1601 Lind Avenue SW., Renton, Washington. For information on the Division, Coast Guard; telephone 410– availability of this material at the FAA, call 576–2674, email 425–227–1221. Ronald.L.Houck@uscg.mil. If you have (4) You may also review copies of the questions on viewing the docket, call service information that is incorporated by Renee V. Wright, Program Manager, reference at the National Archives and Docket Operations, telephone 202–366– Records Administration (NARA). For 9826. information on the availability of this material at NARA, call 202–741–6030, or go SUPPLEMENTARY INFORMATION: VerDate Mar<15>2010 Regulatory Information ADDRESSES: PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 Each year, on the fourth Saturday in July, hundreds of recreational boaters meet in Sillery Bay at Dobbins Island, Maryland for a gathering called ‘‘The Bumper Bash.’’ The activity began in 2007. Due to the growing presence of boaters in recent years, the annual gathering has become increasingly congested. In recent years, an estimated 700 recreational boats were anchored or moored alongside other boats (rafted). The crowds of persons on recreational vessels or other water craft create large lines of rafted boats filling in the beachfront area of Dobbins Island. The persons and vessels exceeded a safe limit. Accidental drownings, personnel injuries, boat fires, boat capsizings and sinkings, and boating collisions are safety concerns during such overcrowded events. Access on the water for emergency response to the beach area is critical. The Coast Guard has the authority to impose appropriate controls on activities that may pose a threat to persons, vessels and facilities under its jurisdiction. The Coast Guard sees the need for a permanent safety zone that will be enforced annually on the fourth Saturday in July, during a gathering of persons on recreational vessels and other water craft held in the Magothy River, in Sillery Bay, Maryland. The zone is needed to control movement within a waterway that is expected to be populated by persons and vessels seeking to attend The Bumper Bash activity. Background The Coast Guard anticipates a large recreational boating fleet in the Magothy River, in Sillery Bay, during The Bumper Bash at Dobbins Island, Maryland annually on the fourth Saturday in July. Due to the need to provide for the safety of persons and vessels within the regulated area vessel traffic will be restricted during the activity. The purpose of this rule is to promote maritime safety, and to protect the environment and mariners transiting the area from the potential hazards associated with a large gathering of recreational vessels and other watercraft along a confined beachfront area with E:\FR\FM\26APR1.SGM 26APR1

Agencies

[Federal Register Volume 77, Number 81 (Thursday, April 26, 2012)]
[Rules and Regulations]
[Pages 24835-24838]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9949]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0277; Directorate Identifier 2009-NM-217-AD; 
Amendment 39-17031; AD 2012-08-14]
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 767 airplanes. This AD was prompted by reports 
of cracking in the upper wing skin at the fastener holes common to the 
pitch load fittings of the inboard and outboard front spar, which could 
result in the loss of the strut-to-wing upper link load path and 
possible separation of a strut and engine from the airplane during 
flight. This AD requires repetitive inspections to detect fatigue 
cracking in the wing skin, and corrective actions if necessary. We are 
issuing this AD to correct the unsafe condition on these products.

DATES: This AD is effective May 31, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of May 31, 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 http://

[[Page 24836]]

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: 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: 

Discussion

    We issued a supplemental notice of proposed rulemaking (SNPRM) to 
amend 14 CFR part 39 to include an AD that would apply to the specified 
products. That SNPRM was published in the Federal Register on October 
11, 2011 (76 FR 62663). The original NPRM (75 FR 15357, March 29, 2010) 
proposed to require repetitive inspections to detect fatigue cracking 
in the upper wing skin at the fastener holes common to the pitch load 
fittings of the inboard and outboard front spar, and corrective actions 
if necessary. The SNPRM proposed to revise that NPRM by reducing 
compliance times.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the SNPRM (76 
FR 62663, October 11, 2011) and the FAA's response to each comment.

Supportive Comment

    Boeing concurs with the contents of the SNPRM (76 FR 62663, October 
11, 2011).

Request for Relief From Alternative Methods of Compliance (AMOC) 
Requirement

    Aviation Partners Boeing (APB) requested that we revise the SNPRM 
(76 FR 62663, October 11, 2011) to state that supplemental type 
certificate (STC) ST01920SE (http://rgl.faa.gov/Regulatory--and--
Guidance--Library/rgstc.nsf/0/082838ee177dbf62862576a4005cdfc0/$FILE/
ST01920SE.pdf), has no impact on the inspection intervals and 
corrective actions. APB stated that structural analysis shows that the 
inspection intervals and required corrective actions in the SNPRM are 
unaffected by the installation of the APB winglets; therefore, there is 
no need for an AMOC.
    We agree with the request. We must receive a request for approval 
of an AMOC, as required by 14 CFR 39.17 (Section 39.17 of the Federal 
Aviation Regulations), if a change in a product affects the ability to 
accomplish the actions required by the AD. We agree that the referenced 
STC does not affect accomplishment of the requirements of this AD, and 
an AMOC is not necessary for a ``change in product'' AMOC approval 
request. We have therefore added this provision in new Note 1 to 
paragraph (c) of this AD.

Request To Revise Paragraph (g) of the SNPRM (76 FR 62663, October 11, 
2011)

    Delta requested that we revise paragraph (g) of the SNPRM (76 FR 
62663, October 11, 2011) to include the following statement:

    If, during opening for access to perform Part 2 inspection [of 
the Accomplishment Instructions of Boeing Alert Service Bulletin 
767-57A0117, Revision 1, dated March 2, 2011], a freeze plug is 
found in the upper skin at any fastener location included in the 
service bulletin, then the inspections per Part 2 must be 
discontinued, and Part 1 inspections must be used for that wing for 
that visit and for all subsequent repeat inspections.

Delta stated that since open-hole eddy current inspections of any 
freeze plug would not detect cracks, the requirement to use Part 2 
inspections should not be applied to any freeze plug including 
previously accomplished repairs.
    Although we agree with the commenter's characterization of the 
requirements, we disagree that it is necessary to make this distinction 
in the AD. Boeing Alert Service Bulletin 767-57A0117, Revision 1, dated 
March 2, 2011, clearly states which inspection must be done, but we 
have added ``as applicable'' in the first sentence of paragraph (g) of 
this AD, to clarify that only the actions that apply to the individual 
airplane are required.

Additional Changes to This Final Rule

    We have revised the heading and wording for paragraph (i) of this 
AD. These changes do not affect 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 and minor editorial 
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
SNPRM (76 FR 62663, October 11, 2011) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the SNPRM (76 FR 62663, October 11, 2011).
    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 affects 417 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
----------------------------------------------------------------------------------------------------------------
Inspection......................  10 work-hours x $85 per             $28,836          $29,686      $12,379,062
                                   hour = $850 per inspection
                                   cycle.
----------------------------------------------------------------------------------------------------------------

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

[[Page 24837]]



                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
               Action                          Labor cost             Parts cost          Cost per product
----------------------------------------------------------------------------------------------------------------
Hole repair.........................  1 work-hour per hole x                    $0  Up to $4,080.
                                       maximum 48 holes per
                                       airplane x $85 per hour =
                                       up to $4,080 per airplane.
Fastener replacement................  1 work-hour per hole x                     0  Up to $4,080.
                                       maximum 48 holes per
                                       airplane x $85 per hour =
                                       up to $4,080 per airplane.
Freeze plug repair..................  1 work-hour per hole x                     0  Up to $4,080.
                                       maximum 48 holes per
                                       airplane x $85 per hour =
                                       up to $4,080 per airplane.
----------------------------------------------------------------------------------------------------------------

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):

2012-08-14 The Boeing Company: Amendment 39-17031; Docket No. FAA-
2010-0277; Directorate Identifier 2009-NM-217-AD.

(a) Effective Date

    This AD is effective May 31, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 767-200, -300, -
300F, and -400ER series airplanes; certificated in any category; as 
identified in Boeing Alert Service Bulletin 767-57A0117, Revision 1, 
dated March 2, 2011.

    Note 1 to paragraph (c) of this AD:  Supplemental Type 
Certificate (STC) ST01920SE (http://rgl.faa.gov/Regulatory--and--
Guidance--Library/rgstc.nsf/0/082838ee177dbf62862576a4005cdfc0/
$FILE/ST01920SE.pdf) does not affect the ability to accomplish the 
actions required by this AD. Therefore, for airplanes on which STC 
ST01920SE is installed, a ``change in product'' alternative method 
of compliance (AMOC) approval request is not necessary to comply 
with the requirements of 14 CFR 39.17. For all other AMOC requests, 
the operator must request approval for an AMOC according to 
paragraph (j) of this AD.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by reports of cracking in the upper wing 
skin at the fastener holes common to the pitch load fittings of the 
inboard and outboard front spar. We are issuing this AD to detect 
and correct fatigue cracking in the upper surface of the upper wing 
skin at the fastener holes common to the pitch load fittings of the 
inboard and outboard front spar, which could result in the loss of 
the strut-to-wing upper link load path and possible separation of a 
strut and engine from the airplane during flight.

(f) Compliance

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

(g) Initial and Repetitive Inspections

    Except as provided by paragraph (h) of this AD, at the 
applicable time specified in paragraph 1.E., ``Compliance,'' of 
Boeing Alert Service Bulletin 767-57A0117, Revision 1, dated March 
2, 2011: Do detailed and ultrasonic inspections, or do an open-hole 
high-frequency eddy current inspection, as applicable, to detect 
cracking in the upper surface of the upper wing skin at the fastener 
holes common to the pitch load fittings of the inboard and outboard 
front spar; and do all applicable corrective actions; in accordance 
with the Accomplishment Instructions of Boeing Alert Service 
Bulletin 767-57A0117, Revision 1, dated March 2, 2011, except as 
required by paragraph (h) of this AD. Do all applicable corrective 
actions before further flight. Repeat the applicable inspections 
thereafter at intervals not to exceed the applicable time specified 
in paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin 
767-57A0117, Revision 1, dated March 2, 2011.

(h) Exceptions to the Service Bulletin

    (1) If any cracking is found during any inspection required by 
this AD, and Boeing Alert Service Bulletin 767-57A0117, Revision 1, 
dated March 2, 2011, specifies to contact Boeing for additional 
instructions: 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 Alert Service Bulletin 767-57A0117, Revision 1, 
dated March 2, 2011, specifies a compliance time after the date of 
the original issue of Boeing Alert Service Bulletin 767-57A0117, 
dated October 1, 2009: This AD requires compliance within the 
specified compliance time after the effective date of this AD.

(i) Credit for Previous Actions

    This paragraph provides credit for the actions required by 
paragraph (g) of this AD, if those actions were performed before the 
effective date of this AD using Boeing Alert

[[Page 24838]]

Service Bulletin 767-57A0117, dated October 1, 2009.

(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 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 Aircraft 
Certification Office (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 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. Or, email information to 9-ANM-Seattle-ACO-AMOC-Requests@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) of the following service information under 5 U.S.C. 
552(a) and 1 CFR part 51.
    (i) Boeing Alert Service Bulletin 767-57A0117, Revision 1, dated 
March 2, 2011.
    (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 NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr_locations.html.

    Issued in Renton, Washington, on April 11, 2012.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-9949 Filed 4-25-12; 8:45 am]
BILLING CODE 4910-13-P