Airworthiness Directives; The Boeing Company Airplanes, 69739-69742 [2012-27637]

Download as PDF Federal Register / Vol. 77, No. 225 / Wednesday, November 21, 2012 / Rules and Regulations emcdonald on DSK67QTVN1PROD with RULES rounded to whole dollars for ease of compliance. The fee trigger being adjusted in this Federal Register notice pursuant to TILA section 103(bb) is used in determining whether a loan is covered by § 1026.32. Such loans have generally been known as ‘‘HOEPA loans.’’ In July 2008, the Board revised Regulation Z to adopt additional protections for ‘‘higher-priced mortgage loans,’’ using its authority under TILA section 129(l)(2), since redesignated as section 129(p)(2). Those revisions define a class of dwelling-secured transactions, described in § 1026.35, using a threshold based on average market rates. The adjustment published today does not affect the triggers adopted in July 2008 by the Board for higher-priced mortgage loans. On July 9, 2012, the Bureau issued a proposed rule pursuant to, inter alia, section 1431 of the Dodd-Frank Act, which revises the statutory fee trigger for HOEPA loans. The Bureau is mindful of the need to coordinate implementation of this final rule with the effective date of the final rule adopting revisions to the HOEPA fee trigger pursuant to the July 9, 2012 proposal. Accordingly, the adjustment to the fee trigger that is being published today will become effective on January 1, 2013 and will apply for one year, or until final rules the Bureau proposed on July 9, 2012 to implement section 1431 of the Dodd-Frank Act become effective, whichever is earlier. II. Adjustment and Commentary Revision Effective January 1, 2013, for purposes of determining whether a home mortgage transaction is covered by § 1026.32 (based on the total points and fees payable by the consumer at or before loan closing), a loan is covered if the points and fees exceed the greater of $625 or 8 percent of the total loan amount. Comment 32(a)(1)(ii)–2, which lists the adjustments for each year, is amended to reflect the new dollar threshold amount for 2013. Under the Administrative Procedure Act, notice and opportunity for public comment are not required if the Bureau finds that notice and public comment are impracticable, unnecessary, or contrary to the public interest. 5 U.S.C. 553(b)(B). Because the timing and method of the adjustment are set by statute and are technical and nondiscretionary, the Bureau finds that notice and public comment on the change are unnecessary. 5 U.S.C. 553(b)(B). Because no notice of proposed rulemaking is required, the Regulatory VerDate Mar<15>2010 15:08 Nov 20, 2012 Jkt 229001 Flexibility Act does not apply. 5 U.S.C. 601(2). In any event, the Bureau certifies that this amendment to Regulation Z will not have a significant economic impact on a substantial number of small entities. The only change is to increase the threshold for transactions requiring HOEPA disclosures and protections to reflect the annual percentage increase in the CPI–U. This change is required by statute. Furthermore, the Bureau believes that the number of small entities that will be required to comply with Regulation Z’s HOEPA protections solely due to this adjustment because they offer ‘‘HOEPA’’ loans is not substantial. In addition, for entities that already offer ‘‘HOEPA’’ loans in which the total points and fees payable by the consumer at or before loan consummation exceed the greater of $400 or 8 percent of the loan amount, whichever is less, the Bureau believes the economic impact to comply with Regulation Z for additional ‘‘HOEPA’’ loans in which the total points and fees payable by the consumer at or before loan consummation exceed the greater of $625 or 8 percent of the loan amount, whichever is less, will not be significant. List of Subjects in 12 CFR Part 1026 Advertising, Consumer protection, Credit, Credit unions, Mortgages, National banks, Reporting and recordkeeping requirements, Savings association, Truth in lending. Authority and Issuance For the reasons set forth in the preamble, the Bureau amends Regulation Z, 12 CFR part 1026, as set forth below: PART 1026—TRUTH IN LENDING (REGULATION Z) 1. The authority citation for part 1026 is revised to read as follows: ■ Authority: 12 U.S.C. 2601; 2603–2605, 2607, 2609, 2617, 5511, 5512, 5532, 5581; 15 U.S.C. 1601 et seq. 2. In Supplement I to part 1026, under Section 1026.32—Requirements for Certain Closed-End Home Mortgages, 32(a) Coverage, paragraph 32(a)(1)(ii), paragraph 2 is amended by adding new paragraph 2.xviii to read as follows: ■ SUPPLEMENT I TO PART 1026— OFFICIAL INTERPRETATIONS * * * * * Section 1026.32—Requirements for Certain Closed-End Home Mortgages 32(a) Coverage. * * * * * Paragraph 32(a)(1)(ii). * PO 00000 * * Frm 00005 * Fmt 4700 * Sfmt 4700 69739 2. Annual adjustment of $400 amount. * * * xviii. For 2013, $625, reflecting a 2.3 percent increase in the CPI–U from June 2011 to June 2012, rounded to the nearest whole dollar. * * * * * Dated: November 6, 2012. Richard Cordray, Director, Bureau of Consumer Financial Protection. [FR Doc. 2012–27997 Filed 11–20–12; 8:45 am] BILLING CODE 4810–AM–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2012–0498; Directorate Identifier 2011–NM–212–AD; Amendment 39–17238; AD 2012–22–02] 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 747–400, –400D, and –400F series airplanes. This AD was prompted by reports of crown frame web cracking at left buttock line (LBL) 15.0, station (STA) 320. This AD requires measuring the web at STA 320 and, depending on findings, various inspections for cracks and missing fasteners, web and fastener replacement, and related investigative and corrective actions if necessary. We are issuing this AD to prevent complete fracture of the crown frame assembly, and consequent damage to the skin and in-flight decompression of the airplane. DATES: This AD is effective December 26, 2012. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of December 26, 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; 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, WA. For information on SUMMARY: E:\FR\FM\21NOR1.SGM 21NOR1 69740 Federal Register / Vol. 77, No. 225 / Wednesday, November 21, 2012 / Rules and Regulations 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: Bill Ashforth, Aerospace Engineer, Airframe Branch, ANM–120S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057– 3356; phone: 425–917–6432; fax: 425– 917–6590; email: Bill.Ashforth@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 June 12, 2012 (77 FR 34881). That NPRM proposed to require measuring the web at STA 320 and, depending on findings, various inspections for cracks and missing fasteners, web and fastener replacement, and related investigative and corrective actions if necessary. Comments We gave the public the opportunity to participate in developing this AD. The following presents the comments received on the proposal (77 FR 34881, June 12, 2012), and the FAA’s response to each comment. Support for the NPRM (77 FR 34881, June 12, 2012) Mr. Caleb Berken stated that the fact that cracks have been seen in five of these airplanes is a little unnerving, but when it is considered that there are only 29 airplanes of this particular series (Model 747–400, –400D, and –400F series airplanes) currently in operation within the United States, these statistics become quite alarming. The commenter stated that he would like to put forth his full support for this proposed rule (77 FR 34881, June 12, 2012) to increase inspection and replacement of compromised parts that have developed within the crown frame web. Request To Provide Credit for Prior Actions Boeing requested that we allow credit for work done prior to the effective date of the NPRM (77 FR 34881, June 12, 2012) using Boeing Service Bulletin 747–53A2784, dated August 27, 2009. Boeing stated that Boeing Service Bulletin 747–53A2784, Revision 1, dated September 14, 2011 (which is the service information referenced in the NPRM (77 FR 34881, June 12, 2012)), states that ‘‘[n]o more work is necessary on airplanes changed in accordance with the original issue of this service bulletin.’’ Boeing stated that the inspections and corrective actions described in Boeing Service Bulletin 747–53A2784, dated August 27, 2009; and Revision 1, dated September 14, 2011; are structurally equivalent. We agree to add credit for prior actions because no more work is necessary on airplanes changed in accordance with Boeing Service Bulletin 747–53A2784, dated August 27, 2009. We have added new paragraph (l) to this AD to provide credit for actions required by paragraphs (g) through (j) of this AD, if those actions were performed before the effective date of this AD using Boeing Service Bulletin 747–53A2784, dated August 27, 2009. We have reidentified subsequent paragraphs accordingly. Designation Authorization (ODA) to approve alternative methods of compliance (AMOCs) for both repairs and deviations to the modification that are described in either Boeing Service Bulletin 747–53A2784, dated August 27, 2009; or Boeing Service Bulletin 747– 53A2784, Revision 1, dated September 14, 2011. Boeing requested that we clarify that an AMOC can be approved for both repairs and deviations to the modification, and that the modification described in Boeing Service Bulletin 747–53A2784, dated August 27, 2009, satisfies the requirements of the modification described in Boeing Service Bulletin 747–53A2784 Revision 1, dated September 14, 2011. We partially agree. The Boeing ODA is not currently authorized to provide AMOC approval of deviations that occur when doing the modification. However, once the AD is issued, we might delegate approval authority to certain authorized representatives of the Boeing ODA to approve AMOCs for deviations during this modification. We have not changed the AD in this regard. 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 change described previously— and minor editorial changes. We have determined that these minor changes: • Are consistent with the intent that was proposed in the NPRM (77 FR 34881, June 12, 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 34881, June 12, 2012). We also determined that these changes will not increase the economic burden on any operator or increase the scope of the AD. Request To Allow Deviation Authority Costs of Compliance Boeing requested that paragraph (1)(3) of the NPRM (77 FR 34881, June 12, 2012) be revised to allow the Boeing Commercial Airplanes Organization We estimate that this AD affects 29 airplanes of U.S. registry. We estimate the following costs to comply with this AD: ESTIMATED COSTS emcdonald on DSK67QTVN1PROD with RULES Action Labor cost Parts cost Cost per product Measurement .............. Inspection and web replacement. Post-replacement inspection. 1 work-hour × $85 per hour = $85 ................. 208 work-hours × $85 per hour = $17,680 .... $0 ..................... Up to $21,887 .. $85 ............................. Up to $39,567 ............ $2,465. Up to $1,147,443. 135 work-hours × $85 per hour = $11,475 per inspection cycle. $0 ..................... $11,475 per inspection cycle. $332,775 per inspection cycle. VerDate Mar<15>2010 15:08 Nov 20, 2012 Jkt 229001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\21NOR1.SGM 21NOR1 Cost on U.S. operators Federal Register / Vol. 77, No. 225 / Wednesday, November 21, 2012 / Rules and Regulations We have received no definitive data that would enable us to provide cost estimates for the on-condition crack repairs specified in this AD. PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: ■ Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. 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 § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): ■ 2012–22–02 The Boeing Company: Amendment 39–17238; Docket No. FAA–2012–0498; Directorate Identifier 2011–NM–212–AD. (a) Effective Date This AD is effective December 26, 2012. (b) Affected ADs None. (c) Applicability This AD applies to The Boeing Company Model 747–400, –400D, and –400F series airplanes, certificated in any category, as specified in Boeing Service Bulletin 747– 53A2784, Revision 1, dated September 14, 2011. (d) Subject Joint Aircraft System Component (JASC)/ Air Transport Association (ATA) of America Code 53, Fuselage. (e) Unsafe Condition This AD was prompted by reports of crown frame web cracking at left buttock line (LBL) 15.0, station (STA) 320. We are issuing this AD to prevent complete fracture of the crown frame assembly, and consequent damage to the skin and in-flight decompression of the airplane. List of Subjects in 14 CFR Part 39 emcdonald on DSK67QTVN1PROD with RULES 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. (h) Detailed Inspection and Web Replacement With No Web Repair Doubler For airplanes on which the web measures 0.078- to 0.083-inch-thick during the measurement required by paragraph (g) of this AD, and on which a repair doubler is not installed: At the applicable time specified in paragraph 1.E., ‘‘Compliance,’’ of Boeing Service Bulletin 747–53A2784, Revision 1, dated September 14, 2011, except as specified in paragraph (k)(1) of this AD, do a detailed inspection for cracks and a general 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: VerDate Mar<15>2010 15:08 Nov 20, 2012 Jkt 229001 (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Crown Frame Web Measurement At the applicable compliance time specified in paragraph 1.E., ‘‘Compliance,’’ of Boeing Service Bulletin 747–53A2784, Revision 1, dated September 14, 2011, except as specified in paragraph (k)(1) of this AD, measure the thickness of the crown frame web at STA 320, in accordance with the Accomplishment Instructions of Boeing Service Bulletin 747–53A2784, Revision 1, dated September 14, 2011. For airplanes with a 0.136- to 0.145-inch-thick web, no further action is required by this AD. PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 69741 visual inspection for missing fasteners of the crown frame web at STA 320; and do all applicable related investigative and corrective actions; in accordance with the Accomplishment Instructions of Boeing Service Bulletin 747–53A2784, Revision 1, dated September 14, 2011, except as specified in paragraph (k)(2) of this AD. Do the applicable related investigative and corrective actions at the applicable times specified in paragraph 1.E., ‘‘Compliance,’’ of Boeing Service Bulletin 747–53A2784, Revision 1, dated September 14, 2011, except as specified in paragraph (k)(1) of this AD. Boeing Service Bulletin 747–53A2784, Revision 1, dated September 14, 2011, provides options for accomplishing the actions that are required for airplanes on which no cracking is found in the crown frame web. (i) Detailed Inspection and Web Replacement With Web Repair Doubler For airplanes on which the web measures 0.078- to 0.083-inch-thick during the measurement required by paragraph (g) of this AD, and on which a repair doubler is installed: At the applicable compliance time specified in paragraph 1.E., ‘‘Compliance,’’ of Boeing Service Bulletin 747–53A2784, Revision 1, dated September 14, 2011, except as specified in paragraph (k)(1) of this AD, do the actions specified in paragraphs (i)(1) and (i)(2) of this AD, and do all applicable corrective actions, in accordance with the Accomplishment Instructions of Boeing Service Bulletin 747–53A2784, Revision 1, dated September 14, 2011, except as specified in paragraph (k)(2) of this AD. Do all applicable corrective actions before further flight. (1) Replace the web with a new web and do all applicable related investigative actions. (2) Do a detailed inspection for cracks in the upper or lower chord of the crown frame web at STA 320. (j) Post-Replacement Repetitive Inspections of Replaced Web Following any web replacement required by this AD, at the times specified in paragraph 1.E., ‘‘Compliance,’’ of Boeing Service Bulletin 747–53A2784, Revision 1, dated September 14, 2011: Do a detailed inspection for cracks of the web, upper chord, lower chord, and lower chord splice, and do all applicable corrective actions, in accordance with the Accomplishment Instructions of Boeing Service Bulletin 747– 53A2784, Revision 1, dated September 14, 2011, except as specified in paragraph (k)(2) of this AD. Do all applicable corrective actions before further flight. If no crack is found, repeat the inspection thereafter at the intervals specified in paragraph 1.E., ‘‘Compliance,’’ of Boeing Service Bulletin 747–53A2784, Revision 1, dated September 14, 2011. Accomplishment of the inspections required by AD 2009–19–05, Amendment 39–16022 (74 FR 48138, September 22, 2009), terminates the requirements of this paragraph. (k) Exceptions to the Service Information (1) Where Boeing Service Bulletin 747– 53A2784, Revision 1, dated September 14, E:\FR\FM\21NOR1.SGM 21NOR1 69742 Federal Register / Vol. 77, No. 225 / Wednesday, November 21, 2012 / Rules and Regulations 2011, specifies a compliance time ‘‘after the original issue date of the service bulletin,’’ this AD requires compliance within the specified compliance time after the effective date of this AD. (2) Where Boeing Service Bulletin 747– 53A2784, Revision 1, dated September 14, 2011, specifies to contact Boeing for appropriate action, accomplish applicable actions before further flight using a method approved in accordance with the procedures specified in paragraph (m) of this AD. (l) Credit for Previous Actions This paragraph provides credit for the actions required by paragraphs (g) through (j) of this AD, if those actions were performed before the effective date of this AD using Boeing Service Bulletin 747–53A2784, dated August 27, 2009. (m) 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. emcdonald on DSK67QTVN1PROD with RULES (n) Related Information For more information about this AD, Bill Ashforth, Aerospace Engineer, Airframe Branch, ANM–120S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057–3356; phone: 425– 917–6432; fax: 425–917–6590; email: Bill. Ashforth@faa.gov. (o) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise. (i) Boeing Service Bulletin 747–53A2784, Revision 1, dated September 14, 2011. (ii) Reserved. (3) For Boeing service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC VerDate Mar<15>2010 15:08 Nov 20, 2012 Jkt 229001 2H–65, Seattle, WA 98124–2207; telephone 206–544–5000, extension 1; fax 206–766– 5680; Internet https://www.myboeingfleet. com. (4) You may review copies of the referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. (5) You may view this 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 October 19, 2012. Kalene C. Yanamura, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2012–27637 Filed 11–20–12; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2010–1084; Directorate Identifier 2010–CE–056–AD; Amendment 39–17257; AD 2012–23–01] RIN 2120–AA64 Airworthiness Directives; Cessna Aircraft Company Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: We are adopting a new airworthiness directive (AD) for all Cessna Aircraft Company (Cessna) Model 402C airplanes modified by Supplemental Type Certificate (STC) SA927NW and Model 414A airplanes modified by STC SA892NW. This AD was prompted by report of a Cessna Model 414A airplane modified by STC SA892NW that experienced an asymmetrical flap condition causing an uncommanded roll when the pilot set the flaps to the approach position. We are issuing this AD to prevent failure of the flap system, which could result in an asymmetrical flap condition. This condition could result in loss of control. DATES: This AD is effective December 26, 2012. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of December 26, 2012. ADDRESSES: For service information identified in this AD, contact Sierra Industries, Ltd, 122 Howard Langford Drive, Uvalde, Texas 78801; telephone: SUMMARY: PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 888–835–9377; email: chip@sijet.com; Internet: http://www.sijet.com/r-stolhigh. 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. 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: Michael A. Heusser, Program Manager, Fort Worth Airplane Certification Office, FAA, 2601 Meacham Blvd., Fort Worth, Texas 76137; phone: (817) 222– 5038; fax: (817) 222–5160; email: michael.a.heusser@faa.gov. SUPPLEMENTARY INFORMATION: Discussion We issued a supplemental notice of proposed rulemaking (SNPRM) to amend 14 CFR part 39 to include an airworthiness directive (AD) that would apply to the specified products. That SNPRM published in the Federal Register on August 23, 2012 (77 FR 50954). The original NPRM (75 FR 66700, October 29, 2010) proposed to require a complete inspection of the flap system and modification of the flap control system. The SNPRM (77 FR 50954, August 23, 2012) proposed to incorporate additional service information that addresses proper rigging procedures and corrective actions following additional inspection procedures. Comments We gave the public the opportunity to participate in developing this AD. We received no comments on the SNPRM (77 FR 50954, August 23, 2012) 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 E:\FR\FM\21NOR1.SGM 21NOR1

Agencies

[Federal Register Volume 77, Number 225 (Wednesday, November 21, 2012)]
[Rules and Regulations]
[Pages 69739-69742]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-27637]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0498; Directorate Identifier 2011-NM-212-AD; 
Amendment 39-17238; AD 2012-22-02]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
The Boeing Company Model 747-400, -400D, and -400F series airplanes. 
This AD was prompted by reports of crown frame web cracking at left 
buttock line (LBL) 15.0, station (STA) 320. This AD requires measuring 
the web at STA 320 and, depending on findings, various inspections for 
cracks and missing fasteners, web and fastener replacement, and related 
investigative and corrective actions if necessary. We are issuing this 
AD to prevent complete fracture of the crown frame assembly, and 
consequent damage to the skin and in-flight decompression of the 
airplane.

DATES: This AD is effective December 26, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of December 26, 
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; 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, WA. For information on

[[Page 69740]]

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: Bill Ashforth, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office 
(ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6432; fax: 425-917-6590; email: Bill.Ashforth@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 June 12, 2012 (77 FR 
34881). That NPRM proposed to require measuring the web at STA 320 and, 
depending on findings, various inspections for cracks and missing 
fasteners, web and fastener replacement, and related investigative and 
corrective actions if necessary.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
(77 FR 34881, June 12, 2012), and the FAA's response to each comment.

Support for the NPRM (77 FR 34881, June 12, 2012)

    Mr. Caleb Berken stated that the fact that cracks have been seen in 
five of these airplanes is a little unnerving, but when it is 
considered that there are only 29 airplanes of this particular series 
(Model 747-400, -400D, and -400F series airplanes) currently in 
operation within the United States, these statistics become quite 
alarming. The commenter stated that he would like to put forth his full 
support for this proposed rule (77 FR 34881, June 12, 2012) to increase 
inspection and replacement of compromised parts that have developed 
within the crown frame web.

Request To Provide Credit for Prior Actions

    Boeing requested that we allow credit for work done prior to the 
effective date of the NPRM (77 FR 34881, June 12, 2012) using Boeing 
Service Bulletin 747-53A2784, dated August 27, 2009. Boeing stated that 
Boeing Service Bulletin 747-53A2784, Revision 1, dated September 14, 
2011 (which is the service information referenced in the NPRM (77 FR 
34881, June 12, 2012)), states that ``[n]o more work is necessary on 
airplanes changed in accordance with the original issue of this service 
bulletin.'' Boeing stated that the inspections and corrective actions 
described in Boeing Service Bulletin 747-53A2784, dated August 27, 
2009; and Revision 1, dated September 14, 2011; are structurally 
equivalent.
    We agree to add credit for prior actions because no more work is 
necessary on airplanes changed in accordance with Boeing Service 
Bulletin 747-53A2784, dated August 27, 2009. We have added new 
paragraph (l) to this AD to provide credit for actions required by 
paragraphs (g) through (j) of this AD, if those actions were performed 
before the effective date of this AD using Boeing Service Bulletin 747-
53A2784, dated August 27, 2009. We have re-identified subsequent 
paragraphs accordingly.

Request To Allow Deviation Authority

    Boeing requested that paragraph (1)(3) of the NPRM (77 FR 34881, 
June 12, 2012) be revised to allow the Boeing Commercial Airplanes 
Organization Designation Authorization (ODA) to approve alternative 
methods of compliance (AMOCs) for both repairs and deviations to the 
modification that are described in either Boeing Service Bulletin 747-
53A2784, dated August 27, 2009; or Boeing Service Bulletin 747-53A2784, 
Revision 1, dated September 14, 2011. Boeing requested that we clarify 
that an AMOC can be approved for both repairs and deviations to the 
modification, and that the modification described in Boeing Service 
Bulletin 747-53A2784, dated August 27, 2009, satisfies the requirements 
of the modification described in Boeing Service Bulletin 747-53A2784 
Revision 1, dated September 14, 2011.
    We partially agree. The Boeing ODA is not currently authorized to 
provide AMOC approval of deviations that occur when doing the 
modification. However, once the AD is issued, we might delegate 
approval authority to certain authorized representatives of the Boeing 
ODA to approve AMOCs for deviations during this modification. We have 
not changed the AD in this regard.

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 change described previously--and minor editorial 
changes. We have determined that these minor changes:
     [Agr]re consistent with the intent that was proposed in 
the NPRM (77 FR 34881, June 12, 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 34881, June 12, 2012).
    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 29 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
              Action                        Labor cost                  Parts cost            Cost per product            Cost on U.S. operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Measurement.......................  1 work-hour x $85 per hour  $0........................  $85.................  $2,465.
                                     = $85.
Inspection and web replacement....  208 work-hours x $85 per    Up to $21,887.............  Up to $39,567.......  Up to $1,147,443.
                                     hour = $17,680.
Post-replacement inspection.......  135 work-hours x $85 per    $0........................  $11,475 per           $332,775 per inspection cycle.
                                     hour = $11,475 per                                      inspection cycle.
                                     inspection cycle.
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 69741]]

    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition crack repairs specified in this AD.

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):

2012-22-02 The Boeing Company: Amendment 39-17238; Docket No. FAA-
2012-0498; Directorate Identifier 2011-NM-212-AD.

(a) Effective Date

    This AD is effective December 26, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 747-400, -400D, and 
-400F series airplanes, certificated in any category, as specified 
in Boeing Service Bulletin 747-53A2784, Revision 1, dated September 
14, 2011.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports of crown frame web cracking at 
left buttock line (LBL) 15.0, station (STA) 320. We are issuing this 
AD to prevent complete fracture of the crown frame assembly, and 
consequent damage to the skin and in-flight decompression of the 
airplane.

(f) Compliance

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

(g) Crown Frame Web Measurement

    At the applicable compliance time specified in paragraph 1.E., 
``Compliance,'' of Boeing Service Bulletin 747-53A2784, Revision 1, 
dated September 14, 2011, except as specified in paragraph (k)(1) of 
this AD, measure the thickness of the crown frame web at STA 320, in 
accordance with the Accomplishment Instructions of Boeing Service 
Bulletin 747-53A2784, Revision 1, dated September 14, 2011. For 
airplanes with a 0.136- to 0.145-inch-thick web, no further action 
is required by this AD.

(h) Detailed Inspection and Web Replacement With No Web Repair Doubler

    For airplanes on which the web measures 0.078- to 0.083-inch-
thick during the measurement required by paragraph (g) of this AD, 
and on which a repair doubler is not installed: At the applicable 
time specified in paragraph 1.E., ``Compliance,'' of Boeing Service 
Bulletin 747-53A2784, Revision 1, dated September 14, 2011, except 
as specified in paragraph (k)(1) of this AD, do a detailed 
inspection for cracks and a general visual inspection for missing 
fasteners of the crown frame web at STA 320; and do all applicable 
related investigative and corrective actions; in accordance with the 
Accomplishment Instructions of Boeing Service Bulletin 747-53A2784, 
Revision 1, dated September 14, 2011, except as specified in 
paragraph (k)(2) of this AD. Do the applicable related investigative 
and corrective actions at the applicable times specified in 
paragraph 1.E., ``Compliance,'' of Boeing Service Bulletin 747-
53A2784, Revision 1, dated September 14, 2011, except as specified 
in paragraph (k)(1) of this AD. Boeing Service Bulletin 747-53A2784, 
Revision 1, dated September 14, 2011, provides options for 
accomplishing the actions that are required for airplanes on which 
no cracking is found in the crown frame web.

(i) Detailed Inspection and Web Replacement With Web Repair Doubler

    For airplanes on which the web measures 0.078- to 0.083-inch-
thick during the measurement required by paragraph (g) of this AD, 
and on which a repair doubler is installed: At the applicable 
compliance time specified in paragraph 1.E., ``Compliance,'' of 
Boeing Service Bulletin 747-53A2784, Revision 1, dated September 14, 
2011, except as specified in paragraph (k)(1) of this AD, do the 
actions specified in paragraphs (i)(1) and (i)(2) of this AD, and do 
all applicable corrective actions, in accordance with the 
Accomplishment Instructions of Boeing Service Bulletin 747-53A2784, 
Revision 1, dated September 14, 2011, except as specified in 
paragraph (k)(2) of this AD. Do all applicable corrective actions 
before further flight.
    (1) Replace the web with a new web and do all applicable related 
investigative actions.
    (2) Do a detailed inspection for cracks in the upper or lower 
chord of the crown frame web at STA 320.

(j) Post-Replacement Repetitive Inspections of Replaced Web

    Following any web replacement required by this AD, at the times 
specified in paragraph 1.E., ``Compliance,'' of Boeing Service 
Bulletin 747-53A2784, Revision 1, dated September 14, 2011: Do a 
detailed inspection for cracks of the web, upper chord, lower chord, 
and lower chord splice, and do all applicable corrective actions, in 
accordance with the Accomplishment Instructions of Boeing Service 
Bulletin 747-53A2784, Revision 1, dated September 14, 2011, except 
as specified in paragraph (k)(2) of this AD. Do all applicable 
corrective actions before further flight. If no crack is found, 
repeat the inspection thereafter at the intervals specified in 
paragraph 1.E., ``Compliance,'' of Boeing Service Bulletin 747-
53A2784, Revision 1, dated September 14, 2011. Accomplishment of the 
inspections required by AD 2009-19-05, Amendment 39-16022 (74 FR 
48138, September 22, 2009), terminates the requirements of this 
paragraph.

(k) Exceptions to the Service Information

    (1) Where Boeing Service Bulletin 747-53A2784, Revision 1, dated 
September 14,

[[Page 69742]]

2011, specifies a compliance time ``after the original issue date of 
the service bulletin,'' this AD requires compliance within the 
specified compliance time after the effective date of this AD.
    (2) Where Boeing Service Bulletin 747-53A2784, Revision 1, dated 
September 14, 2011, specifies to contact Boeing for appropriate 
action, accomplish applicable actions before further flight using a 
method approved in accordance with the procedures specified in 
paragraph (m) of this AD.

(l) Credit for Previous Actions

    This paragraph provides credit for the actions required by 
paragraphs (g) through (j) of this AD, if those actions were 
performed before the effective date of this AD using Boeing Service 
Bulletin 747-53A2784, dated August 27, 2009.

(m) 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.

(n) Related Information

    For more information about this AD, Bill Ashforth, Aerospace 
Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft 
Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-
3356; phone: 425-917-6432; fax: 425-917-6590; email: 
Bill.Ashforth@faa.gov.

(o) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Service Bulletin 747-53A2784, Revision 1, dated 
September 14, 2011.
    (ii) Reserved.
    (3) For Boeing 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; Internet 
https://www.myboeingfleet.com.
    (4) You may review copies of the referenced service information 
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., 
Renton, WA. For information on the availability of this material at 
the FAA, call 425-227-1221.
    (5) You may view this 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 October 19, 2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-27637 Filed 11-20-12; 8:45 am]
BILLING CODE 4910-13-P