Airworthiness Directives; the Boeing Company Airplanes, 73457-73460 [2013-29128]

Download as PDF Federal Register / Vol. 78, No. 235 / Friday, December 6, 2013 / Proposed Rules proposed revisions in a subsequent final rule. Absent significant modifications to the proposed revisions requiring republication, the NRC will not initiate a second comment period on this action in the event the direct final rule is withdrawn. A significant adverse comment is a comment where the commenter explains why the rule would be inappropriate, including challenges to the rule’s underlying premise or approach, or would be ineffective or unacceptable without a change. A comment is adverse and significant if: (1) The comment opposes the rule and provides a reason sufficient to require a substantive response in a notice-andcomment process. For example, a substantive response is required when: (a) The comment causes the NRC staff to reevaluate (or reconsider) its position or conduct additional analysis; (b) The comment raises an issue serious enough to warrant a substantive response to clarify or complete the record; or (c) The comment raises a relevant issue that was not previously addressed or considered by the NRC staff. (2) The comment proposes a change or an addition to the rule, and it is apparent that the rule would be ineffective or unacceptable without incorporation of the change or addition. (3) The comment causes the NRC staff to make a change (other than editorial) to the rule, CoC, or TS. For additional procedural information and the regulatory analysis, see the direct final rule published in the Rules and Regulations section of this issue of the Federal Register. III. Plain Writing emcdonald on DSK67QTVN1PROD with PROPOSALS The Plain Writing Act of 2010 (Pub. L. 111–274) requires Federal Agencies to write documents in a clear, concise, and well-organized manner. The NRC has written this document to be consistent with the Plain Writing Act as well as the Presidential Memorandum, ‘‘Plain Language in Government Writing,’’ published June 10, 1998 (63 FR 31883). The NRC requests comment on the proposed rule with respect to the clarity and effectiveness of the language used. List of Subjects in 10 CFR Part 72 Administrative practice and procedure, Criminal penalties, Manpower training programs, Nuclear materials, Occupational safety and health, Penalties, Radiation protection, Reporting and recordkeeping requirements, Security measures, Spent fuel, Whistleblowing. VerDate Mar<15>2010 17:40 Dec 05, 2013 Jkt 232001 For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 1974, as amended; the Nuclear Waste Policy Act of 1982, as amended; and 5 U.S.C. 553; the NRC is proposing to adopt the following amendments to part 72 of Title 10 of the Code of Federal Regulations (10 CFR). PART 72—LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE AND REACTOR-RELATED GREATER THAN CLASS C WASTE 1. The authority citation for part 72 continues to read as follows: ■ Authority: Atomic Energy Act secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 223, 234, 274 (42 U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233, 2234, 2236, 2237, 2238, 2273, 2282, 2021); Energy Reorganization Act sec. 201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); National Environmental Protection Act sec. 102 (42 U.S.C. 4332); Nuclear Waste Policy Act secs. 131, 132, 133, 135, 137, 141, 148 (42 U.S.C. 10151, 10152, 10153, 10155, 10157, 10161, 10168); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note); Energy Policy Act of 2005, Pub. L. No. 109– 58, 119 Stat. 549 (2005). Section 72.44(g) also issued under secs. Nuclear Waste Policy Act 142(b) and 148(c), (d) (42 U.S.C. 10162(b), 10168(c), (d)). Section 72.46 also issued under Atomic Energy Act sec. 189 (42 U.S.C. 2239); Nuclear Waste Policy Act sec. 134 (42 U.S.C. 10154). Section 72.96(d) also issued under Nuclear Waste Policy Act sec. 145(g) (42 U.S.C. 10165(g)). Subpart J also issued under Nuclear Waste Policy Act secs. 117(a), 141(h) (42 U.S.C. 10137(a), 10161(h)). Subpart K is also issued under sec. 218(a) (42 U.S.C. 10198). 2. In § 72.214, Certificate of Compliance 1014 is revised to read as follows: ■ § 72.214 List of approved spent fuel storage casks. * * * * * Certificate Number: 1014. Initial Certificate Effective Date: May 31, 2000. Amendment Number 1 Effective Date: July 15, 2002. Amendment Number 2 Effective Date: June 7, 2005. Amendment Number 3 Effective Date: May 29, 2007. Amendment Number 4 Effective Date: January 8, 2008. Amendment Number 5 Effective Date: July 14, 2008. Amendment Number 6 Effective Date: August 17, 2009. PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 73457 Amendment Number 7 Effective Date: December 28, 2009. Amendment Number 8 Effective Date: May 2, 2012, as corrected on November 16, 2012 (ADAMS Accession No. ML12213A170). Amendment Number 9 Effective Date: February 19, 2014. SAR Submitted by: Holtec International, Inc. SAR Title: Final Safety Analysis Report for the HI–STORM 100 Cask System. Docket Number: 72–1014. Certificate Expiration Date: May 31, 2020. Model Number: HI–STORM 100. * * * * * Dated at Rockville, Maryland, this 2nd day of December, 2013. For the Nuclear Regulatory Commission. Michael R. Johnson, Acting Executive Director for Operations. [FR Doc. 2013–29160 Filed 12–5–13; 8:45 am] BILLING CODE 7590–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2013–1023; Directorate Identifier 2013–NM–042–AD] RIN 2120–AA64 Airworthiness Directives; the Boeing Company Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: We propose to supersede airworthiness directive (AD) 84–19–01, which applies to certain The Boeing Company Model 747–100, 747–200B, 747–200F series airplanes. AD 84–19–01 requires repetitive inspections for cracking of certain tension ties, and repair and certain modifications if necessary. Since we issued AD 84–19– 01, the upper deck tension ties have been identified as structure that is susceptible to widespread fatigue damage (WFD), and additional action is necessary for certain airplanes to adequately address the identified unsafe condition on the fleet. This proposed AD is intended to complete certain mandated programs intended to support the airplane reaching its limit of validity (LOV) of the engineering data that support the established structural maintenance program. For certain airplanes, this proposed AD would add SUMMARY: E:\FR\FM\06DEP1.SGM 06DEP1 73458 Federal Register / Vol. 78, No. 235 / Friday, December 6, 2013 / Proposed Rules inspections for cracking of the tension tie at body station (BS) 760 or 780, corrective action if necessary, and eventual modification of the tension ties. For all airplanes, this proposed AD would require repetitive postmodification inspections for cracking of the tension tie at BS 760 or 780, and corrective action if necessary. We are proposing this AD to detect and correct tension tie cracking, which could eventually result in in-flight depressurization of the airplane and the inability to withstand current regulatory failsafe loads. DATES: We must receive comments on this proposed AD by January 21, 2014. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments. • Fax: 202–493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. • Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this proposed 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 view this 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. emcdonald on DSK67QTVN1PROD with PROPOSALS 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 proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (phone: 800–647–5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Roger Caldwell, Aerospace Engineer, Denver Aircraft Certification Office, FAA, 26805 East 68th Avenue, Denver, VerDate Mar<15>2010 17:40 Dec 05, 2013 Jkt 232001 CO 80249; phone: 303–342–1086; fax: 303–342–1088; email: roger.caldwell@ faa.gov. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include ‘‘Docket No. FAA–2013–1023; Directorate Identifier 2013–NM–042–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD because of those comments. We will post all comments we receive, without change, to http:// www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Discussion On September 4, 1984, we issued AD 84–19–01, Amendment 39–4913 (49 FR 35365, September 17, 1984), for certain Boeing Model 747–100, 747–200B, and 747–200F series airplanes. AD 84–19–01 requires repetitive inspections for cracking of certain tension ties, and repair and certain modifications if necessary. AD 84–19–01 resulted from a crack in the body station 760 tension tie as a result of bending due to cabin pressurization. We issued AD 84–19–01 to detect and correct tension tie cracking, which could eventually result in in-flight depressurization of the airplane and the inability to withstand current regulatory failsafe loads. Actions Since AD 84–19–01, Amendment 39–4913 (49 FR 35365, September 17, 1984), Was Issued As described in FAA Advisory Circular 120–104 (http://www.faa.gov/ documentLibrary/media/Advisory_ Circular/120-104.pdf), several programs have been developed to support initiatives that will ensure the continued airworthiness of aging airplane structure. The last element of those initiatives is the requirement to establish a limit of validity (LOV) of the engineering data that support the structural maintenance program under 14 CFR 26.21. This proposed AD is the result of an assessment of the previously established programs by design approval holder during the process of establishing the LOV for Model 747– 100, 747–200B, and 747–200F series PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 airplanes. The actions specified in this proposed AD are necessary to complete certain programs to ensure the continued airworthiness of aging airplane structure and to support an airplane reaching its LOV. Relevant Service Information We reviewed Boeing Alert Service Bulletin 747–53A2088, Revision 4, dated January 11, 2013. For information on the procedures and compliance times, see this service information at http://www.regulations.gov by searching for Docket No. FAA–2013–1023. FAA’s Determination We are proposing this AD because we evaluated all the relevant information and determined the unsafe condition described previously is likely to exist or develop in other products of the same type design. Proposed AD Requirements Although this proposed AD does not explicitly restate the requirements of AD 84–19–01, Amendment 39–4913 (49 FR 35365, September 17, 1984), this proposed AD would retain all of the requirements of AD 84–19–01. Those requirements are referenced in the service information identified previously, which, in turn, is referenced in paragraphs (g) and (i) of this proposed AD. Paragraph (h) of this proposed AD would mandate the previously optional modification of the tension ties. This proposed AD would require accomplishing the actions specified in the service information identified previously, except as discussed under ‘‘Differences Between the Proposed AD and the Service Information.’’ This proposed AD would require that requests for approval of alternative methods of compliance (AMOCs) be directed to the Seattle Aircraft Certification Office. The phrase ‘‘corrective actions’’ might be used in this proposed AD. ‘‘Corrective actions’’ correct or address any condition found. Corrective actions in an AD could include, for example, repairs. Differences Between the Proposed AD and the Service Information The service bulletin specifies to contact the manufacturer for instructions on how to repair certain conditions, but this proposed AD would require repairing those conditions in one of the following ways: • In accordance with a method that we approve; or • Using data that meet the certification basis of the airplane, and E:\FR\FM\06DEP1.SGM 06DEP1 73459 Federal Register / Vol. 78, No. 235 / Friday, December 6, 2013 / Proposed Rules that have been approved by the Boeing Commercial Airplanes Organization Designation Authorization (ODA) whom we have authorized to make those findings. Explanation of Compliance Time The compliance time for the modification specified in this proposed AD for addressing WFD was established to ensure that discrepant structure is modified before WFD develops in airplanes. Standard inspection techniques cannot be relied on to detect WFD before it becomes a hazard to flight. We will not grant any extensions of the compliance time to complete any AD-mandated service bulletin related to WFD without extensive new data that would substantiate and clearly warrant such an extension. Costs of Compliance We estimate that this proposed AD affects 24 airplanes of U.S. registry. We estimate the following costs to comply with this proposed AD: ESTIMATED COSTS Action Labor cost Inspection .................. 3 work-hours × $85 per hour = $255 per inspection cycle. 32 work-hours × $85 per hour = $2,720 ... Modification ............... We have received no definitive data that would enable us to provide cost estimates for the on-condition actions specified in this proposed AD. According to the manufacturer, some of the costs of this proposed AD may be covered under warranty, thereby reducing the cost impact on affected individuals. We do not control warranty coverage for affected individuals. As a result, we have included all costs in our cost estimate. emcdonald on DSK67QTVN1PROD with PROPOSALS 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 proposed regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would 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. VerDate Mar<15>2010 17:40 Dec 05, 2013 Jkt 232001 Parts cost Number of U.S. airplanes Cost per product $0 $672 $255 per inspection cycle. $3,392 ...................... For the reasons discussed above, I certify that the proposed regulation: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866, (2) Is not a ‘‘significant rule’’ under the 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. Up to 24 ... Up to 24 ... Cost on U.S. operators $6,120 per inspection cycle. $81,408. (b) Affected ADs This AD supersedes AD 84–19–01, Amendment 39–4913 (49 FR 35365, September 17, 1984). (c) Applicability This AD applies to The Boeing Company Model 747–100, 747–200B, and 747–200F series airplanes, certificated in any category, as identified in Boeing Alert Service Bulletin 747–53A2088, Revision 4, dated January 11, 2013. (d) Subject Air Transport Association (ATA) of America Code 53, Fuselage. The Proposed Amendment (e) Unsafe Condition This AD was prompted by a report of cracking in the body station (BS) 760 tension tie as a result of bending due to cabin pressurization. We are issuing this AD to detect and correct tension tie cracking, which could result in in-flight depressurization of the airplane and the inability to withstand current regulatory failsafe loads. Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: (f) Compliance Comply with this AD within the compliance times specified, unless already done. PART 39—AIRWORTHINESS DIRECTIVES (g) Repetitive Inspections: Unmodified Airplanes For airplanes that have not been modified as specified in Boeing Service Bulletin 747– 53–2088: At the applicable time specified in Table 1 of paragraph 1.E., ‘‘Compliance,’’ of Boeing Alert Service Bulletin 747–53A2088, Revision 4, dated January 11, 2013, except as required by paragraph (j)(1) of this AD, do detailed (close visual) and surface high frequency eddy current inspections for cracking of the tension tie at BS 760 or 780, as applicable, and do all applicable corrective actions, in accordance with Part I of the Accomplishment Instructions of Boeing Alert Service Bulletin 747–53A2088, Revision 4, dated January 11, 2013, except as required by paragraph (j)(2) of this AD. Do all applicable corrective actions before further flight. Repeat the inspections thereafter at the applicable time specified in Table 1 or Table 2 of paragraph 1.E., ‘‘Compliance,’’ of Boeing List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety,Incorporation by reference, Safety. 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by removing airworthiness directive (AD) 84–19–01, Amendment 39–4913 (49 FR 35365, September 17, 1984), and adding the following new AD: ■ The Boeing Company: Docket No. FAA– 2013–1023; Directorate Identifier 2013– NM–042–AD. (a) Comments Due Date The FAA must receive comments on this AD action by January 21, 2014. PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\06DEP1.SGM 06DEP1 73460 Federal Register / Vol. 78, No. 235 / Friday, December 6, 2013 / Proposed Rules Alert Service Bulletin 747–53A2088, Revision 4, dated January 11, 2013, until accomplishment of the requirements of paragraph (h) of this AD. this AD using Boeing Alert Service Bulletin 747–53A2088, Revision 3, dated September 8, 1994. (h) Modification For airplanes that have not been modified as specified in Boeing Service Bulletin 747– 53–2088: At the applicable time specified in Table 1 of paragraph 1.E., ‘‘Compliance,’’ of Boeing Alert Service Bulletin 747–53A2088, Revision 4, dated January 11, 2013, except as required by paragraph (j)(1) of this AD, modify the tension ties, including doing an open-hole high frequency eddy current inspection for cracks, as applicable, and all applicable corrective actions, in accordance with Part III of the Accomplishment Instructions of Boeing Alert Service Bulletin 747–53A2088, Revision 4, dated January 11, 2013, except as required by paragraph (j)(2) of this AD. All applicable corrective actions must be done before further flight. This modification terminates the repetitive inspection requirements of paragraph (g) of this AD. Special flight permits, as described in Section 21.197 and Section 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199), are not allowed. (l) Special Flight Permit emcdonald on DSK67QTVN1PROD with PROPOSALS (i) Post-Modification Repetitive Inspections For airplanes that have been modified as specified in Boeing Service Bulletin 747–53– 2088: At the applicable time in Table 2 of paragraph 1.E., ‘‘Compliance,’’ of Boeing Alert Service Bulletin 747–53A2088, Revision 4, dated January 11, 2013, do a detailed inspection for cracking of the tension tie at BS 760 or 780, and do all applicable corrective actions, in accordance with Part I of the Accomplishment Instructions of Boeing Alert Service Bulletin 747–53A2088, Revision 4, dated January 11, 2013, except as required by paragraph (j)(2) of this AD. Do all applicable corrective actions before further flight. Repeat the inspection thereafter at the applicable time in Table 2 specified in paragraph 1.E., ‘‘Compliance,’’ of Boeing Alert Service Bulletin 747–53A2088, Revision 4, dated January 11, 2013. Boeing Alert Service Bulletin 747–53A2088, Revision 4, dated January 11, 2013, notes that additional postmodification inspections are specified in Boeing Service Bulletin 747–53A2502; those post-modification inspections are required by AD 2006–01–07, Amendment 39–14446 (71 FR 1947, January 12, 2006). (j) Exceptions to Service Information Specifications (1) Where Boeing Alert Service Bulletin 747–53A2088, Revision 4, dated January 11, 2013, specifies a compliance time ‘‘after the Revision 4 date of this service bulletin,’’ this AD requires compliance within the specified compliance time after the effective date of this AD. (2) Where Boeing Alert Service Bulletin 747–53A2088, Revision 4, dated January 11, 2013, specifies to contact Boeing for appropriate action: Before further flight, repair using a method approved in accordance with the procedures specified in paragraph (m) of this AD. (k) Credit for Previous Actions This paragraph provides credit for the actions specified in this AD, if those actions were performed before the effective date of VerDate Mar<15>2010 17:40 Dec 05, 2013 Jkt 232001 Issued in Renton, Washington, on November 29, 2013. John P. Piccola, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2013–29128 Filed 12–5–13; 8:45 am] BILLING CODE 4910–13–P (m) Alternative Methods of Compliance (AMOCs) DEPARTMENT OF TRANSPORTATION (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 paragraph (n)(2) of this AD. Information may be emailed to: 9-ANM-Seattle-ACO-AMOCRequests@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. (4) AMOCs approved for AD 84–19–01, Amendment 39–4913 (49 FR 35365, September 17, 1984), are approved as AMOCs for the corresponding requirements of paragraph (g) (the retained detailed inspections) and paragraph (i) of this AD, but not as AMOCs for the high frequency eddy current inspections required by paragraph (g) of this AD. Federal Aviation Administration (n) Related Information (1) For more information about this AD, contact Roger Caldwell, Aerospace Engineer, Denver Aircraft Certification Office, FAA, 26805 East 68th Avenue, Denver, CO 80249; phone: 303–342–1086; fax: 303–342–1088; email: Roger.Caldwell@faa.gov. (2) For information about AMOCs, contact Nathan Weigand, Aerospace Engineer, Airframe Branch, ANM–120S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057–3356; phone: 425–917–6428; fax: 425–917–6590; email: Nathan.P.Weigand@faa.gov. (3) For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H–65, Seattle, WA 98124–2207; telephone 206– 544–5000, extension 1; fax 206–766–5680; Internet https://www.myboeingfleet.com. You may view this 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. PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 14 CFR Part 39 [Docket No. FAA–2013–0978; Directorate Identifier 2013–NM–120–AD] RIN 2120–AA64 Airworthiness Directives; the Boeing Company Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 767–400ER series airplanes. This proposed AD was prompted by reports of turbine wheel bursts in the air driven pump (ADP) turbine gearbox assembly (TGA), which resulted in the release of high energy fragments. This proposed AD would require replacing the existing ADP TGA with an improved ADP TGA. We are proposing this AD to prevent fragments from an uncontained turbine wheel burst penetrating the fuselage and striking passengers, or penetrating the wing-to-body fairing and striking ground handling or maintenance personnel, causing serious injury. DATES: We must receive comments on this proposed AD by January 21, 2014. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments. • Fax: 202–493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. • Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this proposed AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H–65, Seattle, WA 98124–2207; SUMMARY: E:\FR\FM\06DEP1.SGM 06DEP1

Agencies

[Federal Register Volume 78, Number 235 (Friday, December 6, 2013)]
[Proposed Rules]
[Pages 73457-73460]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29128]


=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-1023; Directorate Identifier 2013-NM-042-AD]
RIN 2120-AA64


Airworthiness Directives; the Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to supersede airworthiness directive (AD) 84-19-01, 
which applies to certain The Boeing Company Model 747-100, 747-200B, 
747-200F series airplanes. AD 84-19-01 requires repetitive inspections 
for cracking of certain tension ties, and repair and certain 
modifications if necessary. Since we issued AD 84-19-01, the upper deck 
tension ties have been identified as structure that is susceptible to 
widespread fatigue damage (WFD), and additional action is necessary for 
certain airplanes to adequately address the identified unsafe condition 
on the fleet. This proposed AD is intended to complete certain mandated 
programs intended to support the airplane reaching its limit of 
validity (LOV) of the engineering data that support the established 
structural maintenance program. For certain airplanes, this proposed AD 
would add

[[Page 73458]]

inspections for cracking of the tension tie at body station (BS) 760 or 
780, corrective action if necessary, and eventual modification of the 
tension ties. For all airplanes, this proposed AD would require 
repetitive post-modification inspections for cracking of the tension 
tie at BS 760 or 780, and corrective action if necessary. We are 
proposing this AD to detect and correct tension tie cracking, which 
could eventually result in in-flight depressurization of the airplane 
and the inability to withstand current regulatory failsafe loads.

DATES: We must receive comments on this proposed AD by January 21, 
2014.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed 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 view this 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.

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 proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Office (phone: 800-647-5527) is in the ADDRESSES 
section. Comments will be available in the AD docket shortly after 
receipt.

FOR FURTHER INFORMATION CONTACT: Roger Caldwell, Aerospace Engineer, 
Denver Aircraft Certification Office, FAA, 26805 East 68th Avenue, 
Denver, CO 80249; phone: 303-342-1086; fax: 303-342-1088; email: 
roger.caldwell@faa.gov.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2013-1023; 
Directorate Identifier 2013-NM-042-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    On September 4, 1984, we issued AD 84-19-01, Amendment 39-4913 (49 
FR 35365, September 17, 1984), for certain Boeing Model 747-100, 747-
200B, and 747-200F series airplanes. AD 84-19-01 requires repetitive 
inspections for cracking of certain tension ties, and repair and 
certain modifications if necessary. AD 84-19-01 resulted from a crack 
in the body station 760 tension tie as a result of bending due to cabin 
pressurization. We issued AD 84-19-01 to detect and correct tension tie 
cracking, which could eventually result in in-flight depressurization 
of the airplane and the inability to withstand current regulatory 
failsafe loads.

Actions Since AD 84-19-01, Amendment 39-4913 (49 FR 35365, September 
17, 1984), Was Issued

    As described in FAA Advisory Circular 120-104 (http://www.faa.gov/documentLibrary/media/Advisory_Circular/120-104.pdf), several programs 
have been developed to support initiatives that will ensure the 
continued airworthiness of aging airplane structure. The last element 
of those initiatives is the requirement to establish a limit of 
validity (LOV) of the engineering data that support the structural 
maintenance program under 14 CFR 26.21. This proposed AD is the result 
of an assessment of the previously established programs by design 
approval holder during the process of establishing the LOV for Model 
747-100, 747-200B, and 747-200F series airplanes. The actions specified 
in this proposed AD are necessary to complete certain programs to 
ensure the continued airworthiness of aging airplane structure and to 
support an airplane reaching its LOV.

Relevant Service Information

    We reviewed Boeing Alert Service Bulletin 747-53A2088, Revision 4, 
dated January 11, 2013. For information on the procedures and 
compliance times, see this service information at http://www.regulations.gov by searching for Docket No. FAA-2013-1023.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 84-19-01, Amendment 39-4913 (49 FR 35365, September 
17, 1984), this proposed AD would retain all of the requirements of AD 
84-19-01. Those requirements are referenced in the service information 
identified previously, which, in turn, is referenced in paragraphs (g) 
and (i) of this proposed AD. Paragraph (h) of this proposed AD would 
mandate the previously optional modification of the tension ties. This 
proposed AD would require accomplishing the actions specified in the 
service information identified previously, except as discussed under 
``Differences Between the Proposed AD and the Service Information.''
    This proposed AD would require that requests for approval of 
alternative methods of compliance (AMOCs) be directed to the Seattle 
Aircraft Certification Office.
    The phrase ``corrective actions'' might be used in this proposed 
AD. ``Corrective actions'' correct or address any condition found. 
Corrective actions in an AD could include, for example, repairs.

Differences Between the Proposed AD and the Service Information

    The service bulletin specifies to contact the manufacturer for 
instructions on how to repair certain conditions, but this proposed AD 
would require repairing those conditions in one of the following ways:
     In accordance with a method that we approve; or
     Using data that meet the certification basis of the 
airplane, and

[[Page 73459]]

that have been approved by the Boeing Commercial Airplanes Organization 
Designation Authorization (ODA) whom we have authorized to make those 
findings.

Explanation of Compliance Time

    The compliance time for the modification specified in this proposed 
AD for addressing WFD was established to ensure that discrepant 
structure is modified before WFD develops in airplanes. Standard 
inspection techniques cannot be relied on to detect WFD before it 
becomes a hazard to flight. We will not grant any extensions of the 
compliance time to complete any AD-mandated service bulletin related to 
WFD without extensive new data that would substantiate and clearly 
warrant such an extension.

Costs of Compliance

    We estimate that this proposed AD affects 24 airplanes of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD:

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                               Number of U.S.
               Action                          Labor cost             Parts cost       Cost per product           airplanes       Cost on U.S. operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection..........................  3 work-hours x $85 per hour               $0  $255 per inspection     Up to 24............  $6,120 per inspection
                                       = $255 per inspection cycle.                  cycle.                                        cycle.
Modification........................  32 work-hours x $85 per hour            $672  $3,392................  Up to 24............  $81,408.
                                       = $2,720.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in this proposed 
AD.
    According to the manufacturer, some of the costs of this proposed 
AD may be covered under warranty, thereby reducing the cost impact on 
affected individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all costs in our cost 
estimate.

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 proposed regulation is 
within the scope of that authority because it addresses an unsafe 
condition that is likely to exist or develop on products identified in 
this rulemaking action.

Regulatory Findings

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 the proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under the 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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing airworthiness directive (AD) 
84-19-01, Amendment 39-4913 (49 FR 35365, September 17, 1984), and 
adding the following new AD:

The Boeing Company: Docket No. FAA-2013-1023; Directorate Identifier 
2013-NM-042-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by January 21, 
2014.

(b) Affected ADs

    This AD supersedes AD 84-19-01, Amendment 39-4913 (49 FR 35365, 
September 17, 1984).

(c) Applicability

    This AD applies to The Boeing Company Model 747-100, 747-200B, 
and 747-200F series airplanes, certificated in any category, as 
identified in Boeing Alert Service Bulletin 747-53A2088, Revision 4, 
dated January 11, 2013.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by a report of cracking in the body station 
(BS) 760 tension tie as a result of bending due to cabin 
pressurization. We are issuing this AD to detect and correct tension 
tie cracking, which could result in in-flight depressurization of 
the airplane and the inability to withstand current regulatory 
failsafe loads.

(f) Compliance

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

(g) Repetitive Inspections: Unmodified Airplanes

    For airplanes that have not been modified as specified in Boeing 
Service Bulletin 747-53-2088: At the applicable time specified in 
Table 1 of paragraph 1.E., ``Compliance,'' of Boeing Alert Service 
Bulletin 747-53A2088, Revision 4, dated January 11, 2013, except as 
required by paragraph (j)(1) of this AD, do detailed (close visual) 
and surface high frequency eddy current inspections for cracking of 
the tension tie at BS 760 or 780, as applicable, and do all 
applicable corrective actions, in accordance with Part I of the 
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
53A2088, Revision 4, dated January 11, 2013, except as required by 
paragraph (j)(2) of this AD. Do all applicable corrective actions 
before further flight. Repeat the inspections thereafter at the 
applicable time specified in Table 1 or Table 2 of paragraph 1.E., 
``Compliance,'' of Boeing

[[Page 73460]]

Alert Service Bulletin 747-53A2088, Revision 4, dated January 11, 
2013, until accomplishment of the requirements of paragraph (h) of 
this AD.

(h) Modification

    For airplanes that have not been modified as specified in Boeing 
Service Bulletin 747-53-2088: At the applicable time specified in 
Table 1 of paragraph 1.E., ``Compliance,'' of Boeing Alert Service 
Bulletin 747-53A2088, Revision 4, dated January 11, 2013, except as 
required by paragraph (j)(1) of this AD, modify the tension ties, 
including doing an open-hole high frequency eddy current inspection 
for cracks, as applicable, and all applicable corrective actions, in 
accordance with Part III of the Accomplishment Instructions of 
Boeing Alert Service Bulletin 747-53A2088, Revision 4, dated January 
11, 2013, except as required by paragraph (j)(2) of this AD. All 
applicable corrective actions must be done before further flight. 
This modification terminates the repetitive inspection requirements 
of paragraph (g) of this AD.

(i) Post-Modification Repetitive Inspections

    For airplanes that have been modified as specified in Boeing 
Service Bulletin 747-53-2088: At the applicable time in Table 2 of 
paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin 
747-53A2088, Revision 4, dated January 11, 2013, do a detailed 
inspection for cracking of the tension tie at BS 760 or 780, and do 
all applicable corrective actions, in accordance with Part I of the 
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
53A2088, Revision 4, dated January 11, 2013, except as required by 
paragraph (j)(2) of this AD. Do all applicable corrective actions 
before further flight. Repeat the inspection thereafter at the 
applicable time in Table 2 specified in paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin 747-53A2088, 
Revision 4, dated January 11, 2013. Boeing Alert Service Bulletin 
747-53A2088, Revision 4, dated January 11, 2013, notes that 
additional post-modification inspections are specified in Boeing 
Service Bulletin 747-53A2502; those post-modification inspections 
are required by AD 2006-01-07, Amendment 39-14446 (71 FR 1947, 
January 12, 2006).

(j) Exceptions to Service Information Specifications

    (1) Where Boeing Alert Service Bulletin 747-53A2088, Revision 4, 
dated January 11, 2013, specifies a compliance time ``after the 
Revision 4 date of this service bulletin,'' this AD requires 
compliance within the specified compliance time after the effective 
date of this AD.
    (2) Where Boeing Alert Service Bulletin 747-53A2088, Revision 4, 
dated January 11, 2013, specifies to contact Boeing for appropriate 
action: Before further flight, repair using a method approved in 
accordance with the procedures specified in paragraph (m) of this 
AD.

(k) Credit for Previous Actions

    This paragraph provides credit for the actions specified in this 
AD, if those actions were performed before the effective date of 
this AD using Boeing Alert Service Bulletin 747-53A2088, Revision 3, 
dated September 8, 1994.

(l) Special Flight Permit

    Special flight permits, as described in Section 21.197 and 
Section 21.199 of the Federal Aviation Regulations (14 CFR 21.197 
and 21.199), are not allowed.

(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 paragraph (n)(2) 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.
    (4) AMOCs approved for AD 84-19-01, Amendment 39-4913 (49 FR 
35365, September 17, 1984), are approved as AMOCs for the 
corresponding requirements of paragraph (g) (the retained detailed 
inspections) and paragraph (i) of this AD, but not as AMOCs for the 
high frequency eddy current inspections required by paragraph (g) of 
this AD.

(n) Related Information

    (1) For more information about this AD, contact Roger Caldwell, 
Aerospace Engineer, Denver Aircraft Certification Office, FAA, 26805 
East 68th Avenue, Denver, CO 80249; phone: 303-342-1086; fax: 303-
342-1088; email: Roger.Caldwell@faa.gov.
    (2) For information about AMOCs, contact Nathan Weigand, 
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft 
Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-
3356; phone: 425-917-6428; fax: 425-917-6590; email: 
Nathan.P.Weigand@faa.gov.
    (3) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com. You may view this 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.

    Issued in Renton, Washington, on November 29, 2013.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-29128 Filed 12-5-13; 8:45 am]
BILLING CODE 4910-13-P