Airworthiness Directives; The Boeing Company Airplanes, 28240-28243 [2012-11029]

Download as PDF 28240 Federal Register / Vol. 77, No. 93 / Monday, May 14, 2012 / Rules and Regulations contains the NPRM (76 FR 61641, October 5, 2011), the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone (800) 647–5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. area, could create a source of ignition in a fuel tank, resulting in a fire or explosion, and consequent loss of the airplane. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. (g) Electrical Bonding Test and General Visual Inspection if Necessary Within 24 months after the effective date of this AD, do an electrical bonding test to check for bonding between the re-fuel adaptor of the gravity fill and the top skin panels on the left-hand and right-hand wings, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320– 57–1152, dated June 14, 2010. (1) If the resistance value is 10 milliOhms or less at the left-hand and right-hand wing, no further action is required. (2) If the resistance value is greater than 10 milliOhms at the left-hand or right-hand wing, before further flight, do a general visual inspection for corrosion of the component interface and adjacent area, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320–57–1152, dated June 14, 2010. If any corrosion is found during the inspection, before further flight, repair the gravity fill fuel adaptor, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320– 57–1152, dated June 14, 2010; except where Airbus Service Bulletin A320–57–1152, dated June 14, 2010, specifies to contact Airbus, before further flight, repair using a method approved by the Manager, International Branch, ANM–116, Transport Airplane Directorate, FAA; or the European Aviation Safety Agency (EASA) (or its delegated agent). 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 AD: ■ 2012–09–07 Airbus: Amendment 39–17042. Docket No. FAA–2011–0998; Directorate Identifier 2011–NM–046–AD. (a) Effective Date This airworthiness directive (AD) becomes effective June 18, 2012. (b) Affected ADs None. (c) Applicability This AD applies to Airbus Model A319– 111, –112, and –132 airplanes; Model A320– 111, –211, –212, –214 and –232 airplanes; and Model A321–111, –211, –212, and –231 airplanes; certificated in any category; having manufacturer serial numbers 0039, 0078, 0109, 0118, 0120, 0153, 0174, 0187, 0203, 0215, 0218, 0226, 0227, 0228, 0236, 0237, 0269, 0270, 0278, 0285, 0286, 0287, 0288, 0294, 0301, 0337, 0377, 0462, 0463, 0464, 0465, 0520, 0523, 0528, 0876, 0888, 0921, 0935, 0974, 1014, 1102, 1130, 1160, 1162, 1177, 1215, 1250, 1287, 1336, 1388, 1404, 1444, 1449, 1476, 1505, 1524, 1564, 1605, 1616, 1622, 1640, 1645, 1658, 1677, 1691, 1729, and 1905. emcdonald on DSK29S0YB1PROD with RULES (d) Subject Air Transport Association (ATA) of America Code 57: Wings. (e) Reason This AD was prompted by reports that corrosion was found on the overwing refueling aperture on the top wing skin, and that for certain airplanes, repairs made using primer coating may prevent proper electrical bonding provision between the overwing refueling cap adaptor and the wing skin. We are issuing this AD to detect and correct corrosion and improper bonding, which in combination with a lightning strike in this VerDate Mar<15>2010 14:45 May 11, 2012 Jkt 226001 (f) Compliance You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. (h) 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 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: Sanjay Ralhan, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, Washington 98057– 3356; telephone (425) 227–1405; 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 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 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. (i) Related Information Refer to MCAI EASA Airworthiness Directive 2011–0034, dated March 2, 2011; and Airbus Service Bulletin A320–57–1152, dated June 14, 2010; for related information. (j) 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 Service Bulletin A320–57–1152, dated June 14, 2010. (2) For service information identified in this AD, contact Airbus, Airworthiness Office—EAS, 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.airworth-eas@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. Issued in Renton, Washington, on April 30, 2012. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2012–11027 Filed 5–11–12; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2011–0993; Directorate Identifier 2011–NM–018–AD; Amendment 39–17043; AD 2012–09–08] 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 767–200 and –300 series airplanes. This AD was SUMMARY: E:\FR\FM\14MYR1.SGM 14MYR1 Federal Register / Vol. 77, No. 93 / Monday, May 14, 2012 / Rules and Regulations prompted by reports of multiple site damage cracks in the radial web lap and tear strap splices of the aft pressure bulkhead at station (STA) 1582 due to fatigue. This AD requires repetitive inspections for cracking of the aft pressure bulkhead at STA 1582, repair or replacement of any cracked bulkhead, and eventual replacement of the aft pressure bulkhead at STA 1582 with a new bulkhead. Accomplishing the replacement terminates the repetitive inspections required by this AD. We are issuing this AD to prevent fatigue cracking of the aft pressure bulkhead, which could result in rapid decompression of the airplane and possible damage or interference with the airplane control systems that penetrate the bulkhead, and consequent loss of controllability of the airplane. DATES: This AD is effective June 18, 2012. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of June 18, 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, WA 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. emcdonald on DSK29S0YB1PROD with RULES Examining the AD Docket You may examine the AD docket on the Internet at http:// 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, 1601 Lind Avenue SW., Renton, Washington 98057–3356; phone (425) VerDate Mar<15>2010 14:45 May 11, 2012 Jkt 226001 917–6577; fax (425) 917–6590; email: berhane.alazar@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 September 27, 2011 (76 FR 59590). That NPRM proposed to require repetitive inspections for cracking of the aft pressure bulkhead at station (STA) 1582, repair or replacement of any cracked bulkhead, and eventual replacement of the aft pressure bulkhead at STA 1582 with a new bulkhead. That proposed AD specified that accomplishing the replacement would terminate the repetitive inspections specified in the NPRM. Comments We gave the public the opportunity to participate in developing this AD. The following presents the comments received on the proposal and the FAA’s response to each comment. Support for NPRM (76 FR 59590, September 27, 2011) American Airlines has no objection to the NRPM (76 FR 59590, September 27, 2011), and noted that it will incorporate the requirements into its maintenance program. Request To Include AD 2004–14–19, Amendment 39–13728 (69 FR 42549, July 16, 2004) in NPRM (76 FR 59590, September 27, 2011) Requirements Boeing and Airborne Express (ABX) asked that the requirements in AD 2004–14–19, Amendment 39–13728 (69 FR 42549, July 16, 2004), be added to the affected ADs section and the related requirements of the NPRM (76 FR 59590, September 27, 2011). Boeing stated that this would ensure that the initial actions in paragraphs (b), (c), and (d) of AD 2004–14–19 begin 50,000 flight cycles after the aft pressure bulkhead has been replaced. ABX recommend that we add a paragraph that allows a 50,000 flight cycle threshold on a new aft pressure bulkhead for the inspections required by AD 2004–14–19. We do not agree to include AD 2004– 14–19, Amendment 39–13728 (69 FR 42549, July 16, 2004), in the affected ADs section and related requirements of this AD. We have determined that an unsafe condition exists, and that the actions this AD requires are adequate to ensure the continued safety of the affected fleet. The commenter’s suggested changes would alter the PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 28241 actions currently required by this AD, so additional rulemaking would be required. We find that delaying this action would be inappropriate in light of the identified unsafe condition. We have not changed this final rule regarding this issue. However, operators can always request approval of an alternative method of compliance (AMOC) for AD 2004–14–19. Request To Clarify Terminating Action for Other ADs Boeing asked that we change paragraph (g) of the NPRM (76 FR 59590, September 27, 2011) to remove the terminating action for the repetitive inspections specified in paragraph (b) of AD 2004–05–16, Amendment 39–13511 (69 FR 10917, March 9, 2004). Boeing stated that the inspections required by paragraph (b) of AD 2004–05–16 are not terminated by doing the inspections required by paragraph (g) of the NPRM. Boeing added that the inspections required by AD 2004–05–16 are for cracking of the web of the aft pressure bulkhead at the web y-chord joint. Boeing noted that this cracking pattern, location, and growth rate are not covered by the inspection in paragraph (g) of the NPRM. We agree with the commenter for the reasons provided. We have removed the terminating action for the repetitive inspections required by AD 2004–05–16 (69 FR 10917, March 9, 2004) from paragraph (g) of this AD. Boeing also requested that we revise paragraph (g) of the NPRM (76 FR 59590, September 27, 2011) to specify that accomplishing the inspections in paragraph (g) of the NPRM terminates the ‘‘initial’’ and repetitive inspections required by paragraphs (f) ‘‘and (h)’’ of AD 2005–03–11, Amendment 39–13967 (70 FR 7174, February 11, 2005), corrected on March 11, 2005 (70 FR 12119). We partially agree with the commenter. Doing the inspections required by paragraph (g) of this AD replaces the inspections (repetitive) required by paragraph (f) of AD 2005– 03–11, Amendment 39–13967 (70 FR 7174, February 11, 2005), corrected on March 11, 2005 (70 FR 12119). We have revised paragraph (g) of this AD accordingly. However, the inspection required by paragraph (h) of AD 2005– 03–11 is a one-time inspection of the ‘‘oil can’’ locations of the aft pressure bulkhead web, which is not in the same location as the inspections required by paragraph (g) of the NPRM (76 FR 59590, September 27, 2011). Therefore the requirements in paragraph (h) of AD 2005–03–11 cannot be terminated by the inspections required by paragraph (g) of E:\FR\FM\14MYR1.SGM 14MYR1 28242 Federal Register / Vol. 77, No. 93 / Monday, May 14, 2012 / Rules and Regulations this AD. However, under the provisions of paragraph (i) of this AD, we will consider requests to provide such relief through approval of an AMOC if sufficient data are submitted to substantiate that the terminating action would also provide an acceptable level of safety. Boeing also asked that we revise paragraph (h) of the NPRM (76 FR 59590, September 27, 2011) to specify that doing the replacement specified in paragraph (h) of the NPRM terminates the actions required by paragraphs (a) and (b) of AD 2004–05–16, Amendment 39–13511 (69 FR 10917, March 9, 2004) and the actions required by paragraphs (f) and (h) of AD 2005–03–11, Amendment 39–13967 (70 FR 7174, February 11, 2005), corrected on March 11, 2005 (70 FR 12119). We agree with the commenter. Once the replacement required by paragraph (h) of this AD is done, it is not necessary to do the inspections required by paragraphs (a) and (b) of AD 2004–05– 16, Amendment 39–13511 (69 FR 10917, March 9, 2004) and paragraphs (f) and (h) of AD 2005–03–11, Amendment 39–13967 (70 FR 7174, February 11, 2005), corrected on March 11, 2005 (70 FR 12119). We have revised paragraph (h) of this AD accordingly. Request To Include Inspection in Airworthiness Limitations ABX asked that we add a new paragraph following paragraph (h) of the NPRM (76 FR 59590, September 27, 2011), which allows synchronizing the maintenance program and the AD requirements for all airplanes equipped with improved aft pressure bulkheads. ABX added that we should mandate the airworthiness limitations (AWLs) for the maintenance on aft pressure bulkheads that have been replaced, in order to relieve the burden of requesting AMOCs. ABX added that the improved aft pressure bulkhead should have the same maintenance requirements whether it was installed on an airplane in production or in service. We partially agree with the commenter. We agree that the actual dimensional and material configuration of the modified aft pressure bulkhead is identical to the later production airplanes. However, although the configuration is identical, the fatigue life of the bulkhead is not. All Model 767 airplanes, including the fatigue test airplanes, are subject to limit test pressurization loads during production. This limit loading substantially enhances the fatigue life of the structure. We have made no change to the AD in this regard. Clarification of Effect of Winglet Installation We have added new Note 1 to paragraph (c) of this AD to state that supplemental type certificate (STC) ST01920SE (http://rgl.faa.gov/ Regulatory_and_Guidance_Library/ rgstc.nsf/0/082838ee177dbf62862576a 4005cdfc0/$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’’ AMOC approval request is not necessary to comply with the requirements of 14 CFR 39.17. 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 affects 83 airplanes of U.S. registry. We estimate the following costs to comply with this AD: ESTIMATED COSTS Action Labor cost Parts cost Inspections .............................. Replacement ........................... 22 work-hours × $85 per hour = $1,870 per inspection cycle 1,541 work-hours × $85 per hour = $130,985 ....................... Cost per product $0 399,539 Cost on U.S. operators $1,870 530,524 $155,210 44,033,492 emcdonald on DSK29S0YB1PROD with RULES Authority for This Rulemaking Regulatory Findings List of Subjects in 14 CFR Part 39 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. 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. Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. VerDate Mar<15>2010 14:45 May 11, 2012 Jkt 226001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 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): ■ 2012–09–08 The Boeing Company: Amendment 39–17043; Docket No. E:\FR\FM\14MYR1.SGM 14MYR1 Federal Register / Vol. 77, No. 93 / Monday, May 14, 2012 / Rules and Regulations FAA–2011–0993; Directorate Identifier 2011–NM–018–AD. (a) Effective Date This AD is effective June 18, 2012. (b) Affected ADs Certain requirements of this AD affect certain requirements of AD 2004–05–16, Amendment 39–13511 (69 FR 10917, March 9, 2004), and AD 2005–03–11, Amendment 39–13967 (70 FR 7174, February 11, 2005), corrected on March 11, 2005 (70 FR 12119). (c) Applicability This AD applies to The Boeing Company Model 767–200 and –300 series airplanes, certificated in any category, as identified in Boeing Alert Service Bulletin 767–53A0139, dated November 12, 2009. 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. (d) Subject Joint Aircraft System Component (JASC)/ Air Transport Association (ATA) of America Code 53: Fuselage. (e) Unsafe Condition This AD was prompted by reports of multiple site damage cracks in the radial web lap and tear strap splices of the aft pressure bulkhead at station (STA) 1582 due to fatigue. We are issuing this AD to prevent fatigue cracking of the aft pressure bulkhead, which could result in rapid decompression of the airplane and possible damage or interference with the airplane control systems that penetrate the bulkhead, and consequent loss of controllability of the airplane. emcdonald on DSK29S0YB1PROD with RULES (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Repetitive Inspections Except as provided by paragraph (h) of this AD: Before the accumulation of 43,000 total flight cycles, or within 1,600 flight cycles after the effective date of this AD, whichever occurs later, do detailed, low-frequency eddy current, and mid-frequency eddy current inspections for cracking of the aft pressure bulkhead at STA 1582, in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 767–53A0139, dated November 12, 2009. If any crack is found, before further flight, replace the bulkhead as required by paragraph (h) of this AD, or repair the crack in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 767–53A0139, dated November 12, 2009, and repeat the inspections thereafter at intervals not to VerDate Mar<15>2010 14:45 May 11, 2012 Jkt 226001 exceed 1,600 flight cycles. If no crack is found, repeat the inspections thereafter at intervals not to exceed 1,600 flight cycles. Accomplishing the inspections required by this paragraph terminates the inspections required by paragraph (f) of AD 2005–03–11, Amendment 39–13967 (70 FR 7174, February 11, 2005), corrected on March 11, 2005 (70 FR 12119). (h) Replacement Except as provided by paragraph (g) of this AD: Before the accumulation of 43,000 total flight cycles, or within 5,000 flight cycles after the effective date of this AD, whichever occurs later: Replace the aft pressure bulkhead at STA 1582 with a new bulkhead, in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 767–53A0139, dated November 12, 2009. Accomplishing the replacement in this paragraph terminates the repetitive inspections required by paragraph (g) of this AD. Accomplishing the replacement in this paragraph also terminates the inspections required by paragraphs (a) and (b) of AD 2004–05–16, Amendment 39–13511 (69 FR 10917, March 9, 2004), and paragraphs (f) and (h) of AD 2005–03–11, Amendment 39– 13967 (70 FR 7174, February 11, 2005), corrected on March 11, 2005 (70 FR 12119). (i) 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 required by this AD if it is approved by the Boeing Commercial Airplanes Organization Designation Authorization (ODA) that has been authorized by the Manager, Seattle ACO to make those findings. For a repair method to be approved, the repair must meet the certification basis of the airplane, and the approval must specifically refer to this AD. (j) Related Information For more information about this AD, contact Berhane Alazar, Aerospace Engineer, Airframe Branch, ANM–120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue SW., Renton, Washington 98057– 3356; phone (425) 917–6577; fax (425) 917– 6590; email: berhane.alazar@faa.gov. (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 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 28243 incorporation by reference (IBR) under 5 U.S.C. 552(a) and 1 CFR part 51. (i) Boeing Alert Service Bulletin 767– 53A0139, dated November 12, 2009. (2) 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. (3) You may review copies of the referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington 98057– 3356. 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 29, 2012. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2012–11029 Filed 5–11–12; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2012–0099; Airspace Docket No. 12–ASO–11] Amendment of Class D Airspace; Cocoa Beach, FL Federal Aviation Administration (FAA), DOT. ACTION: Final rule; technical amendment, correction. AGENCY: This action corrects an error in the legal description of a final rule; technical amendment, published in the Federal Register on April 11, 2012 that amends Class D airspace at Cocoa Beach, FL. DATES: Effective 0901 UTC, May 31, 2012. The Director of the Federal Register approves this incorporation by reference action under title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support Group, Eastern Service Center, Federal Aviation Administration, P.O. Box 20636, Atlanta, Georgia 30320; telephone (404) 305–6364. SUMMARY: E:\FR\FM\14MYR1.SGM 14MYR1

Agencies

[Federal Register Volume 77, Number 93 (Monday, May 14, 2012)]
[Rules and Regulations]
[Pages 28240-28243]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11029]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0993; Directorate Identifier 2011-NM-018-AD; 
Amendment 39-17043; AD 2012-09-08]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
The Boeing Company Model 767-200 and -300 series airplanes. This AD was

[[Page 28241]]

prompted by reports of multiple site damage cracks in the radial web 
lap and tear strap splices of the aft pressure bulkhead at station 
(STA) 1582 due to fatigue. This AD requires repetitive inspections for 
cracking of the aft pressure bulkhead at STA 1582, repair or 
replacement of any cracked bulkhead, and eventual replacement of the 
aft pressure bulkhead at STA 1582 with a new bulkhead. Accomplishing 
the replacement terminates the repetitive inspections required by this 
AD. We are issuing this AD to prevent fatigue cracking of the aft 
pressure bulkhead, which could result in rapid decompression of the 
airplane and possible damage or interference with the airplane control 
systems that penetrate the bulkhead, and consequent loss of 
controllability of the airplane.

DATES: This AD is effective June 18, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of June 18, 
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, WA 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://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, 
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 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 September 27, 2011 (76 
FR 59590). That NPRM proposed to require repetitive inspections for 
cracking of the aft pressure bulkhead at station (STA) 1582, repair or 
replacement of any cracked bulkhead, and eventual replacement of the 
aft pressure bulkhead at STA 1582 with a new bulkhead. That proposed AD 
specified that accomplishing the replacement would terminate the 
repetitive inspections specified in the NPRM.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
and the FAA's response to each comment.

Support for NPRM (76 FR 59590, September 27, 2011)

    American Airlines has no objection to the NRPM (76 FR 59590, 
September 27, 2011), and noted that it will incorporate the 
requirements into its maintenance program.

Request To Include AD 2004-14-19, Amendment 39-13728 (69 FR 42549, July 
16, 2004) in NPRM (76 FR 59590, September 27, 2011) Requirements

    Boeing and Airborne Express (ABX) asked that the requirements in AD 
2004-14-19, Amendment 39-13728 (69 FR 42549, July 16, 2004), be added 
to the affected ADs section and the related requirements of the NPRM 
(76 FR 59590, September 27, 2011). Boeing stated that this would ensure 
that the initial actions in paragraphs (b), (c), and (d) of AD 2004-14-
19 begin 50,000 flight cycles after the aft pressure bulkhead has been 
replaced. ABX recommend that we add a paragraph that allows a 50,000 
flight cycle threshold on a new aft pressure bulkhead for the 
inspections required by AD 2004-14-19.
    We do not agree to include AD 2004-14-19, Amendment 39-13728 (69 FR 
42549, July 16, 2004), in the affected ADs section and related 
requirements of this AD. We have determined that an unsafe condition 
exists, and that the actions this AD requires are adequate to ensure 
the continued safety of the affected fleet. The commenter's suggested 
changes would alter the actions currently required by this AD, so 
additional rulemaking would be required. We find that delaying this 
action would be inappropriate in light of the identified unsafe 
condition. We have not changed this final rule regarding this issue. 
However, operators can always request approval of an alternative method 
of compliance (AMOC) for AD 2004-14-19.

Request To Clarify Terminating Action for Other ADs

    Boeing asked that we change paragraph (g) of the NPRM (76 FR 59590, 
September 27, 2011) to remove the terminating action for the repetitive 
inspections specified in paragraph (b) of AD 2004-05-16, Amendment 39-
13511 (69 FR 10917, March 9, 2004). Boeing stated that the inspections 
required by paragraph (b) of AD 2004-05-16 are not terminated by doing 
the inspections required by paragraph (g) of the NPRM. Boeing added 
that the inspections required by AD 2004-05-16 are for cracking of the 
web of the aft pressure bulkhead at the web y-chord joint. Boeing noted 
that this cracking pattern, location, and growth rate are not covered 
by the inspection in paragraph (g) of the NPRM.
    We agree with the commenter for the reasons provided. We have 
removed the terminating action for the repetitive inspections required 
by AD 2004-05-16 (69 FR 10917, March 9, 2004) from paragraph (g) of 
this AD.
    Boeing also requested that we revise paragraph (g) of the NPRM (76 
FR 59590, September 27, 2011) to specify that accomplishing the 
inspections in paragraph (g) of the NPRM terminates the ``initial'' and 
repetitive inspections required by paragraphs (f) ``and (h)'' of AD 
2005-03-11, Amendment 39-13967 (70 FR 7174, February 11, 2005), 
corrected on March 11, 2005 (70 FR 12119).
    We partially agree with the commenter. Doing the inspections 
required by paragraph (g) of this AD replaces the inspections 
(repetitive) required by paragraph (f) of AD 2005-03-11, Amendment 39-
13967 (70 FR 7174, February 11, 2005), corrected on March 11, 2005 (70 
FR 12119). We have revised paragraph (g) of this AD accordingly. 
However, the inspection required by paragraph (h) of AD 2005-03-11 is a 
one-time inspection of the ``oil can'' locations of the aft pressure 
bulkhead web, which is not in the same location as the inspections 
required by paragraph (g) of the NPRM (76 FR 59590, September 27, 
2011). Therefore the requirements in paragraph (h) of AD 2005-03-11 
cannot be terminated by the inspections required by paragraph (g) of

[[Page 28242]]

this AD. However, under the provisions of paragraph (i) of this AD, we 
will consider requests to provide such relief through approval of an 
AMOC if sufficient data are submitted to substantiate that the 
terminating action would also provide an acceptable level of safety.
    Boeing also asked that we revise paragraph (h) of the NPRM (76 FR 
59590, September 27, 2011) to specify that doing the replacement 
specified in paragraph (h) of the NPRM terminates the actions required 
by paragraphs (a) and (b) of AD 2004-05-16, Amendment 39-13511 (69 FR 
10917, March 9, 2004) and the actions required by paragraphs (f) and 
(h) of AD 2005-03-11, Amendment 39-13967 (70 FR 7174, February 11, 
2005), corrected on March 11, 2005 (70 FR 12119).
    We agree with the commenter. Once the replacement required by 
paragraph (h) of this AD is done, it is not necessary to do the 
inspections required by paragraphs (a) and (b) of AD 2004-05-16, 
Amendment 39-13511 (69 FR 10917, March 9, 2004) and paragraphs (f) and 
(h) of AD 2005-03-11, Amendment 39-13967 (70 FR 7174, February 11, 
2005), corrected on March 11, 2005 (70 FR 12119). We have revised 
paragraph (h) of this AD accordingly.

Request To Include Inspection in Airworthiness Limitations

    ABX asked that we add a new paragraph following paragraph (h) of 
the NPRM (76 FR 59590, September 27, 2011), which allows synchronizing 
the maintenance program and the AD requirements for all airplanes 
equipped with improved aft pressure bulkheads. ABX added that we should 
mandate the airworthiness limitations (AWLs) for the maintenance on aft 
pressure bulkheads that have been replaced, in order to relieve the 
burden of requesting AMOCs. ABX added that the improved aft pressure 
bulkhead should have the same maintenance requirements whether it was 
installed on an airplane in production or in service.
    We partially agree with the commenter. We agree that the actual 
dimensional and material configuration of the modified aft pressure 
bulkhead is identical to the later production airplanes. However, 
although the configuration is identical, the fatigue life of the 
bulkhead is not. All Model 767 airplanes, including the fatigue test 
airplanes, are subject to limit test pressurization loads during 
production. This limit loading substantially enhances the fatigue life 
of the structure. We have made no change to the AD in this regard.

Clarification of Effect of Winglet Installation

    We have added new Note 1 to paragraph (c) of this AD to state that 
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'' AMOC approval request is not necessary to comply with the 
requirements of 14 CFR 39.17.

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 affects 83 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
----------------------------------------------------------------------------------------------------------------
Inspections........................  22 work-hours x $85 per                  $0          $1,870        $155,210
                                      hour = $1,870 per
                                      inspection cycle.
Replacement........................  1,541 work-hours x $85 per          399,539         530,524      44,033,492
                                      hour = $130,985.
----------------------------------------------------------------------------------------------------------------

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):

2012-09-08 The Boeing Company: Amendment 39-17043; Docket No.

[[Page 28243]]

FAA-2011-0993; Directorate Identifier 2011-NM-018-AD.

(a) Effective Date

    This AD is effective June 18, 2012.

(b) Affected ADs

    Certain requirements of this AD affect certain requirements of 
AD 2004-05-16, Amendment 39-13511 (69 FR 10917, March 9, 2004), and 
AD 2005-03-11, Amendment 39-13967 (70 FR 7174, February 11, 2005), 
corrected on March 11, 2005 (70 FR 12119).

(c) Applicability

    This AD applies to The Boeing Company Model 767-200 and -300 
series airplanes, certificated in any category, as identified in 
Boeing Alert Service Bulletin 767-53A0139, dated November 12, 2009.

    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.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports of multiple site damage cracks 
in the radial web lap and tear strap splices of the aft pressure 
bulkhead at station (STA) 1582 due to fatigue. We are issuing this 
AD to prevent fatigue cracking of the aft pressure bulkhead, which 
could result in rapid decompression of the airplane and possible 
damage or interference with the airplane control systems that 
penetrate the bulkhead, and consequent loss of controllability of 
the airplane.

(f) Compliance

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

(g) Repetitive Inspections

    Except as provided by paragraph (h) of this AD: Before the 
accumulation of 43,000 total flight cycles, or within 1,600 flight 
cycles after the effective date of this AD, whichever occurs later, 
do detailed, low-frequency eddy current, and mid-frequency eddy 
current inspections for cracking of the aft pressure bulkhead at STA 
1582, in accordance with the Accomplishment Instructions of Boeing 
Alert Service Bulletin 767-53A0139, dated November 12, 2009. If any 
crack is found, before further flight, replace the bulkhead as 
required by paragraph (h) of this AD, or repair the crack in 
accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin 767-53A0139, dated November 12, 2009, and repeat 
the inspections thereafter at intervals not to exceed 1,600 flight 
cycles. If no crack is found, repeat the inspections thereafter at 
intervals not to exceed 1,600 flight cycles. Accomplishing the 
inspections required by this paragraph terminates the inspections 
required by paragraph (f) of AD 2005-03-11, Amendment 39-13967 (70 
FR 7174, February 11, 2005), corrected on March 11, 2005 (70 FR 
12119).

(h) Replacement

    Except as provided by paragraph (g) of this AD: Before the 
accumulation of 43,000 total flight cycles, or within 5,000 flight 
cycles after the effective date of this AD, whichever occurs later: 
Replace the aft pressure bulkhead at STA 1582 with a new bulkhead, 
in accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin 767-53A0139, dated November 12, 2009. Accomplishing 
the replacement in this paragraph terminates the repetitive 
inspections required by paragraph (g) of this AD. Accomplishing the 
replacement in this paragraph also terminates the inspections 
required by paragraphs (a) and (b) of AD 2004-05-16, Amendment 39-
13511 (69 FR 10917, March 9, 2004), and paragraphs (f) and (h) of AD 
2005-03-11, Amendment 39-13967 (70 FR 7174, February 11, 2005), 
corrected on March 11, 2005 (70 FR 12119).

(i) 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 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.

(j) Related Information

    For more information about this AD, contact Berhane Alazar, 
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue SW., Renton, Washington 
98057-3356; phone (425) 917-6577; fax (425) 917-6590; email: 
berhane.alazar@faa.gov.

(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) under 5 U.S.C. 552(a) and 1 CFR part 51.
    (i) Boeing Alert Service Bulletin 767-53A0139, dated November 
12, 2009.
    (2) 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.
    (3) You may review copies of the referenced service information 
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., 
Renton, Washington 98057-3356. 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 29, 2012.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-11029 Filed 5-11-12; 8:45 am]
BILLING CODE 4910-13-P