Airworthiness Directives; The Boeing Company Airplanes, 33619-33622 [2012-13554]
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Federal Register / Vol. 77, No. 110 / Thursday, June 7, 2012 / Rules and Regulations
Department. For all appeals, the appeal
must be granted and the case heard and
decided by the HIO or the violator must
begin serving the penalty within 60 days
of the date of the violation. The HIO
must submit to the Department all
decisions on penalty appeals within 30
days of the completion of the appeal.
When a penalty is overturned on appeal,
the HIO must also submit evidence
composing the record of the HIO’s
decision on the appeal.
(f) Departmental prosecution. The
Department retains the authority to
initiate enforcement proceedings with
respect to any violation of the Act,
including violations for which penalties
are assessed in accordance with this
section, and to impose the penalties
authorized by the Act if the Department
determines that such actions are
necessary to fulfill the purpose of the
Act and this part. In addition, the
Department reserves the right to inform
the Attorney General of any violation of
the Act or of this part, including
violations for which penalties are
assessed in accordance with this
section.
Done in Washington, DC, this 31st day of
May 2012.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2012–13759 Filed 6–6–12; 8:45 am]
BILLING CODE 3410–34–P
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 26
[Docket No. PRM–26–7; NRC–2011–0220]
Certification of Substance Abuse
Experts
Nuclear Regulatory
Commission.
ACTION: Petition for rulemaking;
consideration in the rulemaking
process.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC or the Commission)
will consider in the rulemaking process
the issues raised in the petition for
rulemaking (PRM), PRM–26–7,
submitted by the American Academy of
Health Care Providers in the Addictive
Disorders (the Academy or the
petitioner). The petitioner requested
that the NRC amend its regulations to
include the Academy as one of the
organizations authorized to certify a
substance abuse expert. The NRC
determined that the issues raised in the
PRM are appropriate for consideration
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SUMMARY:
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15:02 Jun 06, 2012
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and will consider them in the ongoing
Title 10 of the Code of Federal
Regulations (10 CFR) Part 26 Technical
Issues rulemaking.
DATES: The docket for the petition for
rulemaking, PRM–26–7, is closed on
June 7, 2012.
ADDRESSES: Further NRC action on the
issues raised by this petition will be
accessible on the Federal rulemaking
Web site, https://www.regulations.gov, by
searching on Docket ID NRC–2012–
0079, which is the rulemaking docket
for the 10 CFR part 26 Technical Issues
rulemaking.
You can access publicly available
documents related to the petition,
which the NRC possesses and are
publicly available, using the following
methods:
• Federal Rulemaking Web Site:
Supporting materials related to this
petition can be found at https://www.
regulations.gov by searching on the
Docket IDs for PRM–26–7 or the 10 CFR
part 26 Technical Issues rulemaking,
NRC–2011–0220 and NRC–2012–0079,
respectively. Address questions about
NRC dockets to Carol Gallagher,
telephone: 301–492–3668, email: Carol.
Gallagher@nrc.gov.
• NRC’s Public Document Room
(PDR): You may examine and purchase
copies of public documents at the NRC’s
PDR, O1–F21, One White Flint North,
11555 Rockville Pike, Rockville,
Maryland 20852.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may access publicly
available documents online in the NRC
Library at https://www.nrc.gov/readingrm/adams.html. To begin the search,
select ‘‘ADAMS Public Documents’’ and
then select ‘‘Begin Web-based ADAMS
Search.’’ For problems with ADAMS,
contact the NRC’s PDR reference staff at
1–800–397–4209, 301–415–4737, or by
email to PDR.Resource@nrc.gov. The
ADAMS accession number for each
document referenced in this notice (if
that document is available in ADAMS)
is provided the first time that a
document is referenced.
FOR FURTHER INFORMATION CONTACT: Paul
Harris, Office of Nuclear Security and
Incident Response, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555; telephone: 301–415–1169;
email: Paul.Harris@nrc.gov; or Scott C.
Sloan, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory
Commission, Washington, DC 20555;
telephone: 301–415–1619; email: Scott.
Sloan@nrc.gov.
SUPPLEMENTARY INFORMATION: On
October 5, 2011 (76 FR 61625), the NRC
published a notice of receipt (76 FR
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33619
61625) for PRM–26–7. The petitioner
requested the NRC to amend its
regulations under 10 CFR 26.187(b)(5) to
include the Academy as one of the
organizations authorized to certify a
substance abuse expert.
The NRC received one comment
during the public comment period
(ADAMS Accession No. ML11341A064),
which closed on December 19, 2011.
The commenter, a student pursuing a
master’s degree in social work, provided
a statement in support of the Academy’s
request to amend the NRC’s regulations.
The commenter stated that by
‘‘amending the NRC’s regulations to
include the Academy as an authorized
organization to certify substance abuse
experts, more individuals can become
qualified to provide addiction
counseling. This would hopefully
reduce the number of under qualified
care providers and ensure that the
clients are receiving the highest level of
care.’’
The NRC determined that the issues
raised in PRM–26–7 are appropriate for
consideration and will address them in
the ongoing 10 CFR part 26 Technical
Issues rulemaking. Docket No. PRM–26–
7 is closed.
Dated at Rockville, Maryland, this 17th day
of May 2012.
For the Nuclear Regulatory Commission.
R.W. Borchardt,
Executive Director for Operations.
[FR Doc. 2012–13807 Filed 6–6–12; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2011–0719; Directorate
Identifier 2010–NM–087–AD; Amendment
39–17074; AD 2012–11–11]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
We are superseding an
existing airworthiness directive (AD) for
certain The Boeing Company Model
767–200, –300, and –400ER series
airplanes. That AD currently requires
replacing the separation link assembly
on the applicable entry and service
doors with an improved separation link
assembly, and doing related
investigative and corrective actions if
necessary. This new AD adds an
SUMMARY:
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Federal Register / Vol. 77, No. 110 / Thursday, June 7, 2012 / Rules and Regulations
airplane to the applicability and
removes certain other airplanes. This
AD was prompted by a report that an
additional airplane is subject to the
unsafe condition. We are issuing this
AD to prevent failure of an entry or
service door to open fully in the event
of an emergency evacuation, which
could impede exit from the airplane.
This condition could result in injury to
passengers or crewmembers.
This AD is effective July 12,
2012.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in the AD
as of July 12, 2012.
The Director of the Federal Register
approved the incorporation by reference
of certain other publications listed in
this AD as of April 2, 2009 (74 FR 8717,
February 26, 2009).
DATES:
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.
ADDRESSES:
Examining the AD Docket
You may examine the AD docket on
the Internet at https://www.
regulations.gov; or in person at the
Docket Management Facility between
9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD
docket contains this AD, the regulatory
evaluation, any comments received, and
other information. The address for the
Docket Office (phone: 800–647–5527) is
Document Management Facility, U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE., Washington,
DC 20590.
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FOR FURTHER INFORMATION CONTACT:
Kimberly DeVoe, Aerospace Engineer,
Cabin Safety and Environmental
Systems Branch, ANM–150S, FAA,
Seattle Aircraft Certification Office,
1601 Lind Avenue SW., Renton,
Washington 98057–3356; phone: (425)
917–6495; fax: (425) 917–6590; email:
kimberly.devoe@faa.gov.
SUPPLEMENTARY INFORMATION:
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Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2009–04–12,
Amendment 39–15818 (74 FR 8717,
February 26, 2009). That AD applies to
the specified products. The NPRM
published in the Federal Register on
July 19, 2011 (76 FR 42607). That NPRM
proposed to continue to require
replacing the separation link assembly
on the applicable entry and service
doors with an improved separation link
assembly, and doing related
investigative and corrective actions if
necessary. That NPRM also proposed to
add an airplane to the applicability and
also remove certain other airplanes from
the applicability.
Comments
We gave the public the opportunity to
participate in developing this AD. The
following presents the comments
received on the proposal (76 FR 42607,
July 19, 2011) and the FAA’s response
to each comment.
Request To Remove Certain Airplanes
From the Applicability Statement
ANA stated that it has converted
seven airplanes to a freighter
configuration, not the four that were
described in the Actions Since Existing
AD Was Issued section of the proposed
AD (76 FR 42607, July 19, 2011).
We infer the commenter requested
that we revise the applicability of this
AD. Airplanes that have been converted
to a freighter configuration do not have
active escape slides that are affected by
the unsafe condition. We have revised
paragraph (c) of this AD to apply to
airplanes operating in a passenger or
passenger/cargo configuration, and to
indicate that the requirements of this
AD become applicable when an airplane
is converted to a passenger or
passenger/cargo configuration.
Request To Revise the Description of
Certain Service Bulletins
Boeing requested that the description
of Boeing Special Attention Service
Bulletin 767–25–0428, Revision 2, dated
February 4, 2010; and Boeing Special
Attention Service Bulletin 767–25–
0428, Revision 3, dated October 21,
2010; be revised. Boeing noted that the
descriptions given in the Relevant
Service Information section of the
proposed AD (76 FR 42607, July 19,
2011) do not match the revision
descriptions as given in those service
bulletins.
We agree to provide clarification. The
Relevant Service Information section is
intended to describe only major changes
made to the service information without
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describing those changes in detail. In
addition, the Relevant Service
Information section is not restated in a
final rule. Therefore, we have not
changed the AD in this regard.
Request To Provide Credit for
Accomplishing a Service Bulletin With
Information From an Information
Notice
United Airlines (UAL) requested that
we provide credit for accomplishing
Boeing Special Attention Service
Bulletin 767–25–0428, Revision 2, dated
February 4, 2010; and Boeing Service
Bulletin Information Notice 767–25–
0428 IN 03, dated May 6, 2010. Boeing
Special Attention Service Bulletin 767–
25–0428, Revision 3, dated October 21,
2010, includes the information provided
in that information notice.
We partially agree. The content of an
information notice is not approved by
the FAA and is not intended to be used
as a basis for deviation from an FAAapproved service bulletin. We have not
revised the AD in this regard. However,
we have provided credit for
accomplishing Boeing Special Attention
Service Bulletin 767–25–0428, Revision
2, dated February 4, 2010, in paragraph
(h) of this final rule.
Explanation of Changes Made to This
AD
We have revised the wording in
paragraph (h) of this AD. This change
has not affected the intent of that
paragraph.
We have removed table 1 of the
proposed AD (76 FR 42607, July 19,
2011). Instead, we have added
paragraph (g)(3) of this final rule to
specify the applicable service
information for accomplishing the
actions required by paragraph (g) 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 NPRM (76 FR
42607, July 19, 2011) for correcting the
unsafe condition; and
• Do not add any additional burden
upon the public than was already
proposed in the NPRM (76 FR 42607,
July 19, 2011).
We also determined that this change
will not increase the economic burden
on any operator or increase the scope of
the AD.
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Federal Register / Vol. 77, No. 110 / Thursday, June 7, 2012 / Rules and Regulations
Costs of Compliance
We estimate that this AD affects 355
airplanes of U.S. registry.
33621
We estimate the following costs to
comply with this AD:
ESTIMATED COSTS
Action
Labor cost
Parts cost
Cost per
product
Replacement (retained actions from AD
2009–04–12, Amendment 39–15818 (74
FR 8717, February 26, 2009)).
Up to 7 work-hours ×
$85 per hour =
$595.
Up to $10,671 ............
Up to $11,266 ............
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.
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Regulatory Findings
We have determined that this AD will
not have federalism implications under
Executive Order 13132. This AD will
not have a substantial direct effect on
the States, on the relationship between
the national government and the States,
or on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Is not a ‘‘significant rule’’ under
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979),
(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.
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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
removing airworthiness directive (AD)
2009–04–12, Amendment 39–15818 (74
FR 8717, February 26, 2009), and adding
the following new AD:
■
2012–11–11 The Boeing Company:
Amendment 39–17074; Docket No.
FAA–2011–0719; Directorate Identifier
2010–NM–087–AD.
(a) Effective Date
This airworthiness directive (AD) is
effective July 12, 2012.
(b) Affected ADs
This AD supersedes AD 2009–04–12,
Amendment 39–15818 (74 FR 8717, February
26, 2009).
(c) Applicability
This AD applies to The Boeing Company
Model 767–200, –300, and –400ER series
airplanes; operating in a passenger or
passenger/cargo configuration; certificated in
any category; as identified in Boeing Special
Attention Service Bulletin 767–25–0428,
Revision 3, dated October 21, 2010. The
requirements of this AD become applicable at
the time an airplane operating in an all-cargo
configuration is converted to a passenger or
passenger/cargo configuration.
(d) Subject
Joint Aircraft System Component (JASC)/
Air Transport Association (ATA) of America
Code 25: Equipment/Furnishings.
(e) Unsafe Condition
This AD was prompted by reports that
entry and service doors did not open fully
during deployment of emergency escape
slides, and reports of missing snap rings. We
are issuing this AD to prevent failure of an
entry or service door to open fully in the
event of an emergency evacuation, which
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Cost on
U.S. operators
Up to $3,999,430.
could impede exit from the airplane. This
condition could result in injury to passengers
or crewmembers.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Retained Replacement
This paragraph restates the requirements of
paragraph (f) of AD 2009–04–12, Amendment
39–15818 (74 FR 8717, February 26, 2009).
At the applicable time specified in
paragraphs (g)(1) and (g)(2) of this AD,
replace the separation link assembly on the
deployment bar of the emergency escape
system on all the applicable entry and service
doors with an improved separation link
assembly, and do all the applicable related
investigative and corrective actions before
further flight, by accomplishing all of the
applicable actions specified in the
Accomplishment Instructions of any service
bulletin identified in paragraphs (g)(3)(i)
through (g)(3)(iii) of this AD. After April 2,
2009 (the effective date of AD 2009–04–12),
only the service bulletins specified in
paragraphs (g)(3)(ii) and (g)(3)(iii) of this AD
may be used to accomplish the actions
required by this paragraph. After the effective
date of this AD, only the service bulletin
identified in paragraph (g)(3)(iii) of this AD
may be used to accomplish the actions
required by this paragraph.
(1) For airplanes other than those having
variable number VN 137: Within 48 months
after April 2, 2009 (the effective date of AD
2009–04–12, Amendment 39–15818 (74 FR
8717, February 26, 2009)).
(2) For the airplane having variable number
VN 137: Within 48 months after the effective
date of this AD.
(3) Use the following service information,
as applicable, to accomplish the actions
required by paragraph (g) of this AD.
(i) Boeing Special Attention Service
Bulletin 767–25–0428, dated August 23,
2007.
(ii) Boeing Special Attention Service
Bulletin 767–25–0428, Revision 1, dated May
8, 2008.
(iii) Boeing Special Attention Service
Bulletin 767–25–0428, Revision 3, dated
October 21, 2010.
(h) Credit for Previous Actions
This paragraph provides credit for the
replacement required by paragraph (g) of this
AD, if that replacement was performed before
the effective of this AD using Boeing Special
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Federal Register / Vol. 77, No. 110 / Thursday, June 7, 2012 / Rules and Regulations
Attention Service Bulletin 767–25–0428,
Revision 2, dated February 4, 2010.
(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) AMOCs approved for AD 2009–04–12,
Amendment 39–15818 (74 FR 8717, February
26, 2009), are approved as AMOCs for the
corresponding provisions of this AD.
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(j) Related Information
For more information about this AD,
contact Kimberly DeVoe, Aerospace
Engineer, Cabin Safety and Environmental
Systems Branch, ANM–150S, FAA, Seattle
Aircraft Certification Office, 1601 Lind
Avenue SW., Renton, Washington 98057–
3356; phone: (425) 917–6495; fax: (425) 917–
6590; email: kimberly.devoe@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.
(2) 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) The following service information was
approved for IBR on July 12, 2012.
(A) Boeing Special Attention Service
Bulletin 767–25–0428, Revision 3, dated
October 21, 2010.
(ii) The following service information was
approved for IBR on April 2, 2009 (74 FR
8717, February 26, 2009).
(A) Boeing Special Attention Service
Bulletin 767–25–0428, Revision 1, dated May
8, 2008.
(B) Boeing Special Attention Service
Bulletin 767–25–0428, dated August 23,
2007.
(3) For service information identified in
this AD, contact Boeing Commercial
Airplanes, Attention: Data & Services
Management, P.O. Box 3707, MC 2H–65,
Seattle, WA 98124–2207; telephone 206–
544–5000, extension 1; fax 206–766–5680;
email me.boecom@boeing.com; Internet
https://www.myboeingfleet.com.
(4) You may review copies of the service
information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the
availability of this material at the FAA, call
425–227–1221.
(5) You may also review copies of the
service information that is incorporated by
reference at the National Archives and
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Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030, or go
to: https://www.archives.gov/federal-register/
cfr/ibr_locations.html.
Issued in Renton, Washington, on May 24,
2012.
Michael Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2012–13554 Filed 6–6–12; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
RIN 2120–AA64
Airworthiness Directives; Alpha
Aviation Concept Limited (Type
Certificate Previously Held by Alpha
Aviation Design Limited) Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
We are adopting a new
airworthiness directive (AD) for Alpha
Aviation Concept Limited Model R2160
Airplanes. This AD results from
mandatory continuing airworthiness
information (MCAI) issued by an
aviation authority of another country to
identify and correct an unsafe condition
on an aviation product. The MCAI
describes the unsafe condition as oil
lines fitted to affected aircraft are not
fire resistant. We are issuing this AD to
require actions to address the unsafe
condition on these products.
DATES: This AD is effective July 12,
2012.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in the AD
as of July 12, 2012.
ADDRESSES: You may examine the AD
docket on the Internet at https://
www.regulations.gov or in person at
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 service information identified in
this AD, contact Alpha Aviation
Concept Limited, Ingram Road,
Hamilton Airport, RD 2, Hamilton 2021,
New Zealand; telephone: 011 64 7 843
SUMMARY:
Frm 00018
Fmt 4700
Karl
Schletzbaum, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust,
Room 301, Kansas City, Missouri 64106;
telephone: (816) 329–4146; fax: (816)
329–4090; email:
karl.schletzbaum@faa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
[Docket No. FAA–2012–0279; Directorate
Identifier 2012–CE–007–AD; Amendment
39–17073; AD 2012–11–10]
PO 00000
7070; fax: 011 64 7843 8040; email:
customer.support@alphaaviation.co.nz;
Internet: https://
www.alphaaviation.co.nz. You may
review copies of the referenced service
information at the FAA, Small Airplane
Directorate, 901 Locust, Kansas City,
Missouri 64106. For information on the
availability of this material at the FAA,
call (816) 329 4148.
Sfmt 4700
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 was published in the Federal
Register on March 19, 2012 (77 FR
15980). That NPRM proposed to correct
an unsafe condition for the specified
products. The MCAI states:
It has been determined that the oil lines
fitted to affected aircraft are not fire resistant
and not compliant with the requirements in
FAR 23.1183. To correct this unsafe
condition the Civil Aviation Authority of
New Zealand issued DCA/R2000/34
requiring the replacement of oil lines with
fire resistant lines. Since the issue of that AD
it has been determined that the oil
transmitter hoses are also not compliant with
FAR 23.1183. DCA/R2000/40 retains the
requirements in superseded DCA/R2000/34.
The AD requirement expanded to include the
replacement of the oil pressure transducer
hoses.
Comments
We gave the public the opportunity to
participate in developing this AD. We
received no comments on the NPRM or
on the determination of the cost to the
public.
Conclusion
We reviewed the relevant data and
determined that air safety and the
public interest require adopting the AD
as proposed except for minor editorial
changes. We have determined that these
minor changes:
• Are consistent with the intent that
was proposed in the NPRM (77 FR
15980, March 19, 2012) for correcting
the unsafe condition; and
• Do not add any additional burden
upon the public than was already
proposed in the NPRM (77 FR 15980,
March 19, 2012).
E:\FR\FM\07JNR1.SGM
07JNR1
]]>Agencies
[Federal Register Volume 77, Number 110 (Thursday, June 7, 2012)]
[Rules and Regulations]
[Pages 33619-33622]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-13554]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2011-0719; Directorate Identifier 2010-NM-087-AD;
Amendment 39-17074; AD 2012-11-11]
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 superseding an existing airworthiness directive (AD)
for certain The Boeing Company Model 767-200, -300, and -400ER series
airplanes. That AD currently requires replacing the separation link
assembly on the applicable entry and service doors with an improved
separation link assembly, and doing related investigative and
corrective actions if necessary. This new AD adds an
[[Page 33620]]
airplane to the applicability and removes certain other airplanes. This
AD was prompted by a report that an additional airplane is subject to
the unsafe condition. We are issuing this AD to prevent failure of an
entry or service door to open fully in the event of an emergency
evacuation, which could impede exit from the airplane. This condition
could result in injury to passengers or crewmembers.
DATES: This AD is effective July 12, 2012.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of July 12,
2012.
The Director of the Federal Register approved the incorporation by
reference of certain other publications listed in this AD as of April
2, 2009 (74 FR 8717, February 26, 2009).
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 https://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (phone: 800-647-5527) is Document Management Facility,
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Kimberly DeVoe, Aerospace Engineer,
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle
Aircraft Certification Office, 1601 Lind Avenue SW., Renton, Washington
98057-3356; phone: (425) 917-6495; fax: (425) 917-6590; email:
kimberly.devoe@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2009-04-12, Amendment 39-15818 (74 FR 8717,
February 26, 2009). That AD applies to the specified products. The NPRM
published in the Federal Register on July 19, 2011 (76 FR 42607). That
NPRM proposed to continue to require replacing the separation link
assembly on the applicable entry and service doors with an improved
separation link assembly, and doing related investigative and
corrective actions if necessary. That NPRM also proposed to add an
airplane to the applicability and also remove certain other airplanes
from the applicability.
Comments
We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
(76 FR 42607, July 19, 2011) and the FAA's response to each comment.
Request To Remove Certain Airplanes From the Applicability Statement
ANA stated that it has converted seven airplanes to a freighter
configuration, not the four that were described in the Actions Since
Existing AD Was Issued section of the proposed AD (76 FR 42607, July
19, 2011).
We infer the commenter requested that we revise the applicability
of this AD. Airplanes that have been converted to a freighter
configuration do not have active escape slides that are affected by the
unsafe condition. We have revised paragraph (c) of this AD to apply to
airplanes operating in a passenger or passenger/cargo configuration,
and to indicate that the requirements of this AD become applicable when
an airplane is converted to a passenger or passenger/cargo
configuration.
Request To Revise the Description of Certain Service Bulletins
Boeing requested that the description of Boeing Special Attention
Service Bulletin 767-25-0428, Revision 2, dated February 4, 2010; and
Boeing Special Attention Service Bulletin 767-25-0428, Revision 3,
dated October 21, 2010; be revised. Boeing noted that the descriptions
given in the Relevant Service Information section of the proposed AD
(76 FR 42607, July 19, 2011) do not match the revision descriptions as
given in those service bulletins.
We agree to provide clarification. The Relevant Service Information
section is intended to describe only major changes made to the service
information without describing those changes in detail. In addition,
the Relevant Service Information section is not restated in a final
rule. Therefore, we have not changed the AD in this regard.
Request To Provide Credit for Accomplishing a Service Bulletin With
Information From an Information Notice
United Airlines (UAL) requested that we provide credit for
accomplishing Boeing Special Attention Service Bulletin 767-25-0428,
Revision 2, dated February 4, 2010; and Boeing Service Bulletin
Information Notice 767-25-0428 IN 03, dated May 6, 2010. Boeing Special
Attention Service Bulletin 767-25-0428, Revision 3, dated October 21,
2010, includes the information provided in that information notice.
We partially agree. The content of an information notice is not
approved by the FAA and is not intended to be used as a basis for
deviation from an FAA-approved service bulletin. We have not revised
the AD in this regard. However, we have provided credit for
accomplishing Boeing Special Attention Service Bulletin 767-25-0428,
Revision 2, dated February 4, 2010, in paragraph (h) of this final
rule.
Explanation of Changes Made to This AD
We have revised the wording in paragraph (h) of this AD. This
change has not affected the intent of that paragraph.
We have removed table 1 of the proposed AD (76 FR 42607, July 19,
2011). Instead, we have added paragraph (g)(3) of this final rule to
specify the applicable service information for accomplishing the
actions required by paragraph (g) 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
NPRM (76 FR 42607, July 19, 2011) for correcting the unsafe condition;
and
Do not add any additional burden upon the public than was
already proposed in the NPRM (76 FR 42607, July 19, 2011).
We also determined that this change will not increase the economic
burden on any operator or increase the scope of the AD.
[[Page 33621]]
Costs of Compliance
We estimate that this AD affects 355 airplanes of U.S. registry.
We estimate the following costs to comply with this AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost on U.S.
Action Labor cost Parts cost Cost per product operators
----------------------------------------------------------------------------------------------------------------
Replacement (retained actions Up to 7 work-hours Up to $10,671..... Up to $11,266..... Up to $3,999,430.
from AD 2009-04-12, Amendment x $85 per hour =
39-15818 (74 FR 8717, February $595.
26, 2009)).
----------------------------------------------------------------------------------------------------------------
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
(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 removing airworthiness directive (AD)
2009-04-12, Amendment 39-15818 (74 FR 8717, February 26, 2009), and
adding the following new AD:
2012-11-11 The Boeing Company: Amendment 39-17074; Docket No. FAA-
2011-0719; Directorate Identifier 2010-NM-087-AD.
(a) Effective Date
This airworthiness directive (AD) is effective July 12, 2012.
(b) Affected ADs
This AD supersedes AD 2009-04-12, Amendment 39-15818 (74 FR
8717, February 26, 2009).
(c) Applicability
This AD applies to The Boeing Company Model 767-200, -300, and -
400ER series airplanes; operating in a passenger or passenger/cargo
configuration; certificated in any category; as identified in Boeing
Special Attention Service Bulletin 767-25-0428, Revision 3, dated
October 21, 2010. The requirements of this AD become applicable at
the time an airplane operating in an all-cargo configuration is
converted to a passenger or passenger/cargo configuration.
(d) Subject
Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 25: Equipment/Furnishings.
(e) Unsafe Condition
This AD was prompted by reports that entry and service doors did
not open fully during deployment of emergency escape slides, and
reports of missing snap rings. We are issuing this AD to prevent
failure of an entry or service door to open fully in the event of an
emergency evacuation, which could impede exit from the airplane.
This condition could result in injury to passengers or crewmembers.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Retained Replacement
This paragraph restates the requirements of paragraph (f) of AD
2009-04-12, Amendment 39-15818 (74 FR 8717, February 26, 2009). At
the applicable time specified in paragraphs (g)(1) and (g)(2) of
this AD, replace the separation link assembly on the deployment bar
of the emergency escape system on all the applicable entry and
service doors with an improved separation link assembly, and do all
the applicable related investigative and corrective actions before
further flight, by accomplishing all of the applicable actions
specified in the Accomplishment Instructions of any service bulletin
identified in paragraphs (g)(3)(i) through (g)(3)(iii) of this AD.
After April 2, 2009 (the effective date of AD 2009-04-12), only the
service bulletins specified in paragraphs (g)(3)(ii) and (g)(3)(iii)
of this AD may be used to accomplish the actions required by this
paragraph. After the effective date of this AD, only the service
bulletin identified in paragraph (g)(3)(iii) of this AD may be used
to accomplish the actions required by this paragraph.
(1) For airplanes other than those having variable number VN
137: Within 48 months after April 2, 2009 (the effective date of AD
2009-04-12, Amendment 39-15818 (74 FR 8717, February 26, 2009)).
(2) For the airplane having variable number VN 137: Within 48
months after the effective date of this AD.
(3) Use the following service information, as applicable, to
accomplish the actions required by paragraph (g) of this AD.
(i) Boeing Special Attention Service Bulletin 767-25-0428, dated
August 23, 2007.
(ii) Boeing Special Attention Service Bulletin 767-25-0428,
Revision 1, dated May 8, 2008.
(iii) Boeing Special Attention Service Bulletin 767-25-0428,
Revision 3, dated October 21, 2010.
(h) Credit for Previous Actions
This paragraph provides credit for the replacement required by
paragraph (g) of this AD, if that replacement was performed before
the effective of this AD using Boeing Special
[[Page 33622]]
Attention Service Bulletin 767-25-0428, Revision 2, dated February
4, 2010.
(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) AMOCs approved for AD 2009-04-12, Amendment 39-15818 (74 FR
8717, February 26, 2009), are approved as AMOCs for the
corresponding provisions of this AD.
(j) Related Information
For more information about this AD, contact Kimberly DeVoe,
Aerospace Engineer, Cabin Safety and Environmental Systems Branch,
ANM-150S, FAA, Seattle Aircraft Certification Office, 1601 Lind
Avenue SW., Renton, Washington 98057-3356; phone: (425) 917-6495;
fax: (425) 917-6590; email: kimberly.devoe@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.
(2) 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) The following service information was approved for IBR on
July 12, 2012.
(A) Boeing Special Attention Service Bulletin 767-25-0428,
Revision 3, dated October 21, 2010.
(ii) The following service information was approved for IBR on
April 2, 2009 (74 FR 8717, February 26, 2009).
(A) Boeing Special Attention Service Bulletin 767-25-0428,
Revision 1, dated May 8, 2008.
(B) Boeing Special Attention Service Bulletin 767-25-0428, dated
August 23, 2007.
(3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax 206-766-5680; email me.boecom@boeing.com;
Internet https://www.myboeingfleet.com.
(4) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at
the FAA, call 425-227-1221.
(5) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: https://www.archives.gov/federal-register/cfr/ibr_locations.html.
Issued in Renton, Washington, on May 24, 2012.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-13554 Filed 6-6-12; 8:45 am]
BILLING CODE 4910-13-P
