Airworthiness Directives; The Boeing Company Airplanes, 69739-69742 [2012-27637]
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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
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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).
*
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*
*
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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:
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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 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: 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
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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.
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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
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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:
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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.
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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,
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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.
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(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
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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: https://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:
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888–835–9377; email: chip@sijet.com;
Internet: https://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 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:
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]
=======================================================================
-----------------------------------------------------------------------
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 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: 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: https://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
