Airworthiness Directives; The Boeing Company Airplanes, 44672-44677 [2014-17996]
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Federal Register / Vol. 79, No. 148 / Friday, August 1, 2014 / Rules and Regulations
(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.
(l) Related Information
For more information about this AD,
contact Jeffrey Englert, Aerospace Engineer,
Mechanical Systems and Propulsion Branch,
ACE–116W, FAA, Wichita Aircraft
Certification Office, 1801 Airport Road,
Room 100, Mid-Continent Airport, Wichita,
KS 67209; phone: 316–946–4167; fax: 316–
946–4107; email: jeffrey.englert@faa.gov.
(m) 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) Hawker Beechcraft Service Bulletin SB
57–4112, dated February 2013.
(ii) Reserved.
(3) For service information identified in
this AD, contact Beechcraft Corporation,
TMDC, P.O. Box 85, Wichita, KS 67201–
0085; telephone 316–676–8238; fax 316–671–
2540; email tmdc@beechcraft.com; Internet
https://pubs.beechcraft.com.
(4) You may view this service information
at 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/ibrlocations.html.
Issued in Renton, Washington, on July 15,
2014.
John P. Piccola,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2014–17325 Filed 7–31–14; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2012–0145; Directorate
Identifier 2011–NM–066–AD; Amendment
39–17899; AD 2014–14–04]
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RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
We are superseding
Airworthiness Directive (AD) 2003–18–
SUMMARY:
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10 for certain The Boeing Company
Model 767 airplanes. AD 2003–18–10
required revising the Airworthiness
Limitations Section of the maintenance
planning data (MPD) document. This
new AD also requires revising the
maintenance program to incorporate an
additional limitation, which terminates
the existing requirements; and adds
airplanes to the applicability. This AD
was prompted by a re-evaluation of
certain doors and flaps based on their
fatigue-critical nature. We are issuing
this AD to detect and correct fatigue
cracking of the principal structural
elements (PSEs), which could adversely
affect the structural integrity of the
airplane.
DATES: This AD is effective September 5,
2014.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of September 5, 2014.
The Director of the Federal Register
approved the incorporation by reference
of certain other publications listed in
this AD as of October 16, 2003 (68 FR
53503, September 11, 2003).
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 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 https://
www.regulations.gov by searching for
and locating Docket No. FAA–2012–
0145; 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
Docket Management Facility, U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE., Washington,
DC 20590.
FOR FURTHER INFORMATION CONTACT:
Berhane Alazar, Aerospace Engineer,
Airframe Branch, ANM–120S, FAA,
Seattle Aircraft Certification Office,
1601 Lind Avenue SW., Renton, WA
98057–3356; phone: 425–917–6577; fax:
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425–917–6590; email: berhane.alazar@
faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2003–18–10,
Amendment 39–13301 (68 FR 53503,
September 11, 2003). AD 2003–18–10
applied to The Boeing Company Model
767 airplanes. The NPRM published in
the Federal Register on February 22,
2012 (77 FR 10403). That NPRM
proposed to continue to require revising
the Airworthiness Limitations Section
of the MPD document. That NPRM also
proposed to require revising the
maintenance program to incorporate an
additional limitation, which terminates
the existing requirements; and adding
airplanes to the applicability.
Comments
We gave the public the opportunity to
participate in developing this AD. The
following presents the comments
received on the proposal (77 FR 10403,
February 22, 2012) and the FAA’s
response to each comment.
Request To Reduce the Scope of the
NPRM (77 FR 10403, February 22,
2012)
ABX Air requested that we reduce the
scope of the NPRM (77 FR 10403,
February 22, 2012).
ABX Air stated that the ‘‘SUMMARY’’
and ‘‘Actions Since Existing AD was
Issued’’ sections of the NPRM imply
that it is a result of an unsafe condition
relating to certain cargo doors and flaps.
ABX Air stated that the NPRM would
require incorporation of the July 2011
revision of Section 9 of the Boeing 767
MPD Document into the operator’s
maintenance program. ABX Air stated
that requiring the complete revision is
overreaching the AD’s scope.
We disagree with reducing the scope
of this final rule. The NPRM (77 FR
10403, February 22, 2012) stated that reevaluation of certain doors and flaps
prompted the new rulemaking.
However, the re-evaluation was not
limited to certain doors and flaps, but
rather a complete review of the entire
July 2011 revision of Subsection B,
Airworthiness Limitations—Structural
Limitations, of Section 9 of the Boeing
767 MPD Document. The AD is
intended to detect and correct fatigue
cracking of the principal structural
elements (PSEs) listed in the July 2011
revision of Subsection B, Airworthiness
Limitations—Structural Limitations, of
Section 9 of the Boeing 767 MPD
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Document, as stated in the preamble of
the NPRM. We have not changed this
final rule in this regard.
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Request To Revise Note 1 to Paragraph
(c) of the NPRM (77 FR 10403, February
22, 2012)
Boeing requested that we revise the
reference in Note 1 to paragraph (c) of
the NPRM (77 FR 10403, February 22,
2012) from FAA Advisory Circular (AC)
25.1529–1A (https://rgl.faa.gov/
Regulatory_and_Guidance_Library/
rgAdvisoryCircular.nsf/0/E4111B
5537E0B345862573B0006FA23B?
OpenDocument&Highlight=ac 25.1529
1a) to FAA AC 120–93, dated November
20, 2007 (https://rgl.faa.gov/
Regulatory_and_Guidance_Library/
rgAdvisoryCircular.nsf/0/
F73FD2A31B353A71862
573B000521928?
OpenDocument&Highlight=faa ac 12093). Boeing stated that the FAA has
revised AC 25.1529–1 at Revision A,
dated November 20, 2007 (https://
rgl.faa.gov/Regulatory_and_
Guidance_Library/
rgAdvisoryCircular.nsf/0/E4111B55
37E0B345862573B0006FA23B?Open
Document&Highlight=ac 25.1529 1a), to
apply only to airplanes below 7,500
pounds gross weight; therefore, AC
25.1529–1A no longer applies to Model
767 airplanes.
We agree that FAA AC 25.1529–1A
(https://rgl.faa.gov/Regulatory_and_
Guidance_Library/
rgAdvisoryCircular.nsf/0/
E4111B5537E0B
345862573B0006FA23B?Open
Document&Highlight=ac 25.1529 1a)
does not apply to airplanes identified in
this final rule, and have determined that
Note 1 to paragraph (c) of the NPRM (77
FR 10403, February 22, 2012) is not
needed. That note has been removed
from this final rule.
Request To Remove Reference to
Certain Document
United Parcel Service (UPS) requested
that we remove the reference to
Subsection B, Airworthiness
Limitations—Structural Inspections, of
Section 9, Airworthiness Limitations
(AWLs) and Certification Maintenance
Requirements (CMRs), D622T001–9,
Revision July 2011, of the Boeing 767
MPD Document from paragraph (g) of
the NPRM (77 FR 10403, February 22,
2012). UPS stated that, if paragraph (g)
of the NPRM is a restatement of the
requirements of AD 2003–18–10,
Amendment 39–13301 (68 FR 53503,
September 11, 2003), then the July 2011
revision is not required. UPS stated that,
if the intent was to indicate those
revisions previously approved by rule or
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Alternative Method of Compliance
(AMOC) approval, then paragraph (g) of
the NPRM should state that those
revisions were previously approved
instead of referring to specific revision
dates.
We disagree with the request to
remove the reference. Including this
reference in paragraph (g) of this final
rule gives an option to the operator, and
is not a requirement. No change has
been made to this final rule in this
regard.
Requests To Permit Use of Later
Revisions of MPD
Boeing and AA requested that we
permit the use of later revisions of
Section 9, Airworthiness Limitations
(AWLs) and Certification Maintenance
Requirements (CMRs), D622T001–9, of
the Boeing 767 MPD Document. Boeing
stated that since the NPRM (77 FR
10403, February 22, 2012) was
published, new revisions of that
document have been released.
We agree to allow use of the most
recent revision of the MPD (Subsection
B, Airworthiness Limitations—
Structural Inspections, of Section 9,
Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements
(CMRs), D622T001–9, Revision
February 2014, of the Boeing 767 MPD
Document), and have added this
reference in paragraph (i) of this final
rule accordingly. Operators may also
request approval to use prior revisions
of the referenced MPD as an alternative
method of compliance, under the
provisions of paragraph (l) of the final
rule.
Requests To Provide Grace Period
ABX Air, Japan Air Lines (JAL), and
All Nippon Airways (ANA) requested
that we add a grace period to paragraph
(i) of the NPRM (77 FR 10403, February
22, 2012).
ABX Air requested a 44-month grace
period to allow operators to revise their
maintenance program and do the initial
inspection and repair without putting
the fleet out of compliance. ABX Air
stated that airplanes that have exceeded
the existing 25,000-flight-cycle
compliance time would be out of
compliance when the AD is published.
ABX believes that extending the
compliance time to 44 months will
provide an acceptable level of safety.
JAL requested we add a 24-month
grace period to paragraph (i) of the
NPRM (77 FR 10403, February 22,
2012). JAL stated that it has airplanes
that have exceeded the proposed
compliance time.
ANA requested that we change the
compliance time for revising the
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44673
maintenance program from 18 months
to 45 months, or establish a grace period
to coordinate with ANA’s C-check
maintenance schedule.
American Airlines (AA) requested
clarification of the compliance times to
address airplanes that are beyond the
thresholds of the new tasks specified in
Section 9 of the Boeing 767 MPD
Document. AA stated that operators will
have airplanes out of compliance with
the maintenance program when Section
9 of the Boeing 767 MPD Document is
incorporated.
We find that clarification of the
compliance time for the initial
inspection is necessary. We have added
a sentence to paragraph (i)(1) of this
final rule to specify that the initial
compliance times for the inspections are
to be done at the applicable times
specified in Subsection B,
Airworthiness Limitations—Structural
Inspections, of Section 9, Airworthiness
Limitations (AWLs) and Certification
Maintenance Requirements (CMRs),
D622T001–9, Revision July 2011 or
Revision February 2014, of the Boeing
767 MPD Document; or within 18
months after the effective date of this
AD; whichever occurs later.
In developing an appropriate
compliance time, we considered the
safety implications, the time necessary
to design an acceptable modification,
and normal maintenance schedules for
timely accomplishment of the
modification. In light of these items, we
have determined that the times
specified in Subsection B,
Airworthiness Limitations—Structural
Inspections, of Section 9, Airworthiness
Limitations (AWLs) and Certification
Maintenance Requirements (CMRs),
D622T001–9, Revision July 2011 or
Revision February 2014, of the Boeing
767 MPD Document; or within 18
months after the effective date of this
AD; for the initial inspection is
appropriate. However, under the
provisions of paragraph (l) of the final
rule, we will consider requests for
approval of an extension of the
compliance time if sufficient data are
submitted to substantiate that the
extension would provide an acceptable
level of safety.
Request To Allow Alternate Method To
Track Rotable Parts
Boeing requested that we change
paragraph (i) of the NPRM (77 FR 10403,
February 22, 2012) to allow Appendix 7
of FAA AC 120–93, dated November 20,
2007 (https://rgl.faa.gov/Regulatory_
and_Guidance_Library/
rgAdvisoryCircular.nsf/0/
F73FD2A31B353A71862573
B000521928?OpenDocument), or
E:\FR\FM\01AUR1.SGM
01AUR1
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emcdonald on DSK67QTVN1PROD with RULES
another method approved by a principal
maintenance inspector (PMI), as an
alternative to the method for tracking
rotable parts. Boeing stated that the
current statement in Subsection B,
Airworthiness Limitations—Structural
Inspections, of Section 9, Airworthiness
Limitations (AWLs) and Certification
Maintenance Requirements (CMRs),
D622T001–9, Revision July 2011, of the
Boeing 767 MPD Document, is overly
restrictive for the purpose of identifying
fleet problems with an exploratory
inspection program for removable
structural components.
We do not agree with the commenter’s
request to change the method of
compliance for tracking rotable parts.
The Boeing MPD method is identical to,
or less restrictive for fleet age than, the
method described in FAA AC 120–93,
dated November 20, 2007 (https://
rgl.faa.gov/Regulatory_
and_Guidance_Library/
rgAdvisoryCircular.nsf/0/
F73FD2A31B353A71862573
B000521928?OpenDocument). This AC
permits a ‘‘conservative’’
implementation schedule to be
established. However, a ‘‘conservative’’
schedule is undefined and, therefore,
unenforceable. As a result, the FAA
guidance in the AC is inappropriate for
inclusion in this final rule. No change
has been made to this final rule in this
regard. However, under the provisions
of paragraph (l) of the final rule, we will
consider requests for approval of an
alternative method for compliance if
sufficient data are submitted to
substantiate that the alternative method
would provide an acceptable level of
safety.
Request To Require Maintenance
Program Revision
UPS requested that we revise the text
of paragraph (g) of the NPRM (77 FR
10403, February 22, 2012) to require
revising the maintenance program to
incorporate the identified MPD
documents. UPS stated that paragraph
(g) of the NPRM requires operators to
revise Subsection B of Section 9 of the
Boeing 767 MPD Document and
Appendix B of Boeing 767 MPD
Document. UPS noted that operators do
not have control or revision authority
over the Boeing 767 MPD documents.
We agree with this request. We have
revised paragraph (g) of this final rule to
clarify how to revise the maintenance
program.
Requests To Permit Use of Later
Revisions of Service Information
Boeing and JAL requested that we
permit the use of future FAA-approved
revisions of the service information.
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17:22 Jul 31, 2014
Jkt 232001
We disagree. Using the phrase ‘‘laterapproved revisions’’ violates the Office
of the Federal Register regulations for
approving materials that are
incorporated by reference. According to
the provisions of paragraph (l) of this
final rule, operators may request
approval of an alternative method of
compliance (AMOC) to use a later
revision of the referenced MPD
document as an alternative, if the
request is submitted with substantiating
data that demonstrate the later revision
will provide an adequate level of safety.
We have not changed this final rule in
this regard.
Requests To Expand AMOC Section To
Include Previous Approvals
United Airlines (United), AA, and
UPS requested that we expand the
AMOC section of the NPRM (77 FR
10403, February 22, 2012) to include
previous approvals for AMOCs for AD
2003–18–10, Amendment 39–13301 (68
FR 53503, September 11, 2003).
We agree with the request. Repairs
previously approved as AMOCs in
accordance with AD 2003–18–10,
Amendment 39–13301 (68 FR 53503,
September 11, 2003), are acceptable for
compliance with the corresponding
actions required by this final rule. We
have added a new paragraph (l)(4) to
this final rule accordingly.
Requests To Expand AMOCs To Include
Certain Repairs
AA and Boeing requested that we
expand the AMOC section to include
repairs approved under section 25.571
of the Federal Aviation Regulations (14
CFR 25.571) and section 26.43(d) of the
Federal Aviation Regulations (14 CFR
26.43(d)) as acceptable methods of
compliance. AA recommended that we
approve as AMOCs to the NPRM (77 FR
10403, February 22, 2012) all repairs
approved by a Boeing-authorized
representative on parts listed in Section
9 of the Boeing 767 MPD Document that
were found to be compliant with 14 CFR
25.571 and 14 CFR 26.43(d). Boeing
recommended ‘‘grandfathering’’ existing
repairs to new CMRs/structural
significant items (SSI) provided
adequate damage tolerance has been
performed at repair approval.
We agree with the commenter. We
have added a new paragraph (l)(5) to
this final rule to allow the following
repairs done before the effective date of
this AD as acceptable methods of
compliance where the inspections of the
baseline structure cannot be
accomplished: Repairs that are
approved under both section 25.571 of
the Federal Aviation Regulations (14
CFR 25.571) and section 26.43(d) of the
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
Federal Aviation Regulations (14 CFR
26.43(d)) by the Boeing Commercial
Airplanes Organization Designation
Authorization (ODA) that has been
authorized by the Manager, Seattle
Aircraft Certification Office (ACO), to
make those findings; provided that the
repair specified an inspection program
(inspection threshold, method, and
repetitive interval); and that operators
revised their maintenance or inspection
program, as applicable, to include the
inspection program for the repair.
Request for Clarification of Certain
AMOC Section
Boeing requested that we revise
paragraph (k)(3) of the NPRM (77 FR
10403, February 22, 2012) to include
inspecting as an alternative method to
satisfy the damage tolerance
requirements. (Paragraph (k)(3) of the
NPRM corresponds to paragraph (l)(3) of
this final rule.) Boeing stated that doing
so would clarify that, in cases where an
operator cannot perform an inspection
‘‘per D622T001–9 Subsection B and
D622T001–DTR in baseline
configuration,’’ an alternate inspection
type that satisfies the damage tolerance
requirements can be used with an
appropriate AMOC approval.
We disagree with adding the
requested text to this final rule.
Paragraph c. of Section 2–7 of Chapter
2, DER (designated engineering
representative) Authority and
Limitations, of FAA Order 8110.37E,
DER Handbook, effective March 30,
2011 (https://rgl.faa.gov/Regulatory_
and_Guidance_Library/rgOrders.nsf/0/
3679F39DB79BB
62A8625786A0066C662?
OpenDocument&Highlight=8110.37e),
does permit an authorized DER or other
authorized representative to approve an
alternative inspection method,
threshold, or interval, where a new
repair or modification results in the
inability to accomplish the existing ADmandated inspection, or necessitates a
change in the existing AD-mandated
inspection threshold. This delegation is
already provided in paragraph (l)(3) of
this final rule. No change has been made
to the final rule in this regard.
Request To Clarify the Compliance
Time for the Reporting Requirements
Delta Airlines (Delta) requested that
we clarify the compliance time for the
proposed reporting requirements. Delta
stated that the instruction in Subsection
B, Airworthiness Limitations—
Structural Inspections, of Section 9,
Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements
(CMRs), Revision July 2011, or Revision
February 2014, of the Boeing 767 MPD
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Document, specifies reporting within 10
days. Delta requested a change to state
that reporting is required within 10 days
after the airplane is returned to service,
instead of 10 days after each individual
finding.
We agree with the commenter’s
request. We have added new paragraph
(i)(3) to this final rule to clarify that the
compliance time for reporting is within
10 days after the airplane is returned to
service, instead of 10 days after each
individual finding. We have also added
new paragraph (j) to this final rule to
include the Paperwork Reduction Act
Burden Statement, and re-designated
subsequent paragraphs accordingly.
Other Changes to This Final Rule
We have moved the information from
Note 2 of the NPRM (77 FR 10403,
February 22, 2012) into paragraph (i)(2)
of this final rule.
We have clarified the language in
paragraph (k) of this AD and added a
reference to paragraph (l) of this AD.
Conclusion
We reviewed the relevant data,
considered the comments received, and
determined that air safety and the
public interest require adopting this AD
with the changes described previously
and minor editorial changes. We have
determined that these minor changes:
• Are consistent with the intent that
was proposed in the NPRM (77 FR
10403, February 22, 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 10403,
February 22, 2012).
We also determined that these
changes will not increase the economic
burden on any operator or increase the
scope of this AD.
Costs of Compliance
We estimate that this AD affects 417
airplanes of U.S. registry. We estimate
the following costs to comply with this
AD:
ESTIMATED COSTS
Cost per
product
Labor cost
Revise airworthiness limitations [retained action from AD
2003–18–10, Amendment 39–13301 (68 FR 53503, September 11, 2003)].
Revise airworthiness limitations [new requirement] ................
1 work-hour × $85 per hour =
$85.
$0
$85
$35,445
1 work-hour × $85 per hour =
$85.
0
85
35,445
Paperwork Reduction Act
A federal agency may not conduct or
sponsor, and a person is not required to
respond to, nor shall a person be subject
to penalty for failure to comply with a
collection of information subject to the
requirements of the Paperwork
Reduction Act unless that collection of
information displays a current valid
OMB control number. The control
number for the collection of information
required by this AD is 2120–0056. The
paperwork cost associated with this AD
has been detailed in the Costs of
Compliance section of this document
and includes time for reviewing
instructions, as well as completing and
reviewing the collection of information.
Therefore, all reporting associated with
this AD is mandatory. Comments
concerning the accuracy of this burden
and suggestions for reducing the burden
should be directed to the FAA at 800
Independence Ave. SW., Washington,
DC 20591, ATTN: Information
Collection Clearance Officer, AES–200.
emcdonald on DSK67QTVN1PROD with RULES
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,
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17:22 Jul 31, 2014
Jkt 232001
Part A, Subpart III, Section 44701,
‘‘General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
Regulatory Findings
We have determined that this AD will
not have federalism implications under
Executive Order 13132. This AD will
not have a substantial direct effect on
the States, on the relationship between
the national government and the States,
or on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Is not a ‘‘significant rule’’ under
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979),
(3) Will not affect intrastate aviation
in Alaska, and
(4) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
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Parts cost
Cost on
U.S. operators
Action
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
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)
2003–18–10, Amendment 39–13301 (68
FR 53503, September 11, 2003), and
adding the following new AD:
■
2014–14–04 The Boeing Company:
Amendment 39–17899; Docket No.
FAA–2012–0145; Directorate Identifier
2011–NM–066–AD.
(a) Effective Date
This airworthiness directive (AD) is
effective September 5, 2014.
(b) Affected ADs
This AD supersedes AD 2003–18–10,
Amendment 39–13301 (68 FR 53503,
September 11, 2003).
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Federal Register / Vol. 79, No. 148 / Friday, August 1, 2014 / Rules and Regulations
(c) Applicability
This AD applies to The Boeing Company
Model 767–200, –300, –300F, and –400ER
series airplanes, certificated in any category,
line numbers 1 through 997 inclusive.
(d) Subject
Joint Aircraft System Component (JASC)/
Air Transport Association (ATA) of America
Code 51, Standard Practices/Structures; 52,
Doors; 53, Fuselage; 54, Nacelle/Pylons; 55,
Stabilizers; 56, Windows; and 57, Wings.
(e) Unsafe Condition
This AD was prompted by a re-evaluation
of certain doors and flaps based on their
fatigue-critical nature. We are issuing this AD
to detect and correct fatigue cracking of the
principal structural elements (PSEs), which
could adversely affect the structural integrity
of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
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(g) Retained Revision of Section 9 of the
Boeing 767 Maintenance Planning Data
(MPD) Document
This paragraph restates the requirements of
paragraph (c) of AD 2003–18–10,
Amendment 39–13301 (68 FR 53503,
September 11, 2003), with clarification for
revising the maintenance program. For Model
767–200, –300, –300F, and –400ER series
airplanes having line numbers 1 through 895
inclusive: Within 18 months after October 16,
2003 (the effective date of AD 2003–18–10),
revise the maintenance program to
incorporate Subsection B, Section 9, of
Boeing 767 MPD Document D622T001,
entitled ‘‘Airworthiness Limitations and
Certification Maintenance Requirements,’’
Revision October 2002, and Appendix B of
Boeing 767 MPD Document D622T001,
Revision December 2002; or Subsection B,
Airworthiness Limitations—Structural
Limitations, of Section 9, Airworthiness
Limitations (AWLs) and Certification
Maintenance Requirements (CMRs),
D622T001–9, Revision July 2011, of the
Boeing 767 MPD Document.
(h) Retained Alternative Inspections and
Inspection Intervals
This paragraph restates the alternative
inspection and inspection interval
limitations specified by paragraph (d) of AD
2003–18–10, Amendment 39–13301 (68 FR
53503, September 11, 2003). Except as
provided by paragraphs (i) and (l) of this AD:
After the actions required by paragraph (g) of
this AD have been accomplished, no
alternative inspections or inspection
intervals shall be approved for the structural
significant items (SSIs) contained in Section
9 of Boeing 767 MPD Document
D622T001–9, Revision October 2002.
(i) New Maintenance Program Revision
(1) Within 18 months after the effective
date of this AD, revise the maintenance
program to incorporate the Limitations
section in Subsection B, Airworthiness
Limitations—Structural Inspections, of
Section 9, Airworthiness Limitations (AWLs)
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and Certification Maintenance Requirements
(CMRs), D622T001–9, Revision July 2011 or
Revision February 2014, of the Boeing 767
MPD Document. Doing this maintenance
program revision terminates the requirements
of paragraph (g) of this AD. The initial
compliance times for the inspections are at
the applicable times specified in Subsection
B, Airworthiness Limitations—Structural
Inspections, of Section 9, Airworthiness
Limitations (AWLs) and Certification
Maintenance Requirements (CMRs),
D622T001–9, Revision July 2011 or Revision
February 2014, of the Boeing 767 MPD
Document; or within 18 months after the
effective date of this AD; whichever occurs
later.
(2) For the purposes of this AD, the terms
PSEs as used in this AD, and SSIs as used
in Subsection B, Airworthiness Limitations—
Structural Inspections, of Section 9,
Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements
(CMRs), D622T001–9, Revision July 2011 or
Revision February 2014, of the Boeing 767
MPD Document, are considered to be
interchangeable.
(3) Reports specified in Section 9,
Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements
(CMRs), D622T001–9, Revision July 2011 or
Revision February 2014, of the Boeing 767
MPD Document, may be submitted within 10
days after the airplane is returned to service,
instead of 10 days after each individual
finding, as specified in Section 9,
Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements
(CMRs), D622T001–9, Revision July 2011 or
Revision February 2014, of the Boeing 767
Maintenance Planning Data (MPD)
Document.
(j) Paperwork Reduction Act Burden
Statement
A federal agency may not conduct or
sponsor, and a person is not required to
respond to, nor shall a person be subject to
a penalty for failure to comply with a
collection of information subject to the
requirements of the Paperwork Reduction
Act unless that collection of information
displays a current valid OMB Control
Number. The OMB Control Number for this
information collection is 2120–0056. Public
reporting for this collection of information is
estimated to be approximately 5 minutes per
response, including the time for reviewing
instructions, completing and reviewing the
collection of information. All responses to
this collection of information are mandatory.
Comments concerning the accuracy of this
burden and suggestions for reducing the
burden should be directed to the FAA at: 800
Independence Ave. SW., Washington, DC
20591, Attn: Information Collection
Clearance Officer, AES–200.
(k) Alternative Inspections and Inspection
Intervals
After the maintenance or inspection
program has been revised as required by
paragraph (i) of this AD, no alternative
actions (e.g., inspections) or intervals may be
used unless the actions or intervals are
approved as an alternative method of
PO 00000
Frm 00042
Fmt 4700
Sfmt 4700
compliance (AMOC) in accordance with the
procedures specified in paragraph (l) of this
AD.
(l) 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 (m) 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
Aircraft Certification Office (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 previously in
accordance with AD 2003–18–10,
Amendment 39–13301 (68 FR 53503,
September 11, 2003), are approved as
AMOCs for the corresponding actions
specified in this AD.
(5) Repairs done before the effective date
of this AD that meet the conditions specified
in paragraphs (l)(5)(i), (l)(5)(ii), and (l)(5)(iii)
of this AD are acceptable methods of
compliance for the repaired area where the
inspections of the baseline structure cannot
be accomplished.
(i) The repair was approved under both
section 25.571 of the Federal Aviation
Regulations (14 CFR 25.571) and section
26.43(d) of the Federal Aviation Regulations
(14 CFR 26.43(d)) by the Boeing Commercial
Airplanes Organization Designation
Authorization (ODA) that has been
authorized by the Manager, Seattle Aircraft
Certification Office (ACO), to make those
findings.
(ii) The repair approval provides an
inspection program (inspection threshold,
method, and repetitive interval).
(iii) Operators revised their maintenance or
inspection program, as applicable, to include
the inspection program (inspection
threshold, method, and repetitive interval)
for the repair.
(m) Related Information
For more information about this AD,
contact Berhane Alazar, Aerospace Engineer,
Airframe Branch, ANM–120S, FAA, Seattle
Aircraft Certification Office, 1601 Lind
Avenue SW., Renton, WA 98057–3356;
phone: 425–917–6577; fax: 425–917–6590;
email: berhane.alazar@faa.gov.
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Federal Register / Vol. 79, No. 148 / Friday, August 1, 2014 / Rules and Regulations
(n) Material Incorporated by Reference
DEPARTMENT OF TRANSPORTATION
(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.
(3) The following service information was
approved for IBR on September 5, 2014.
(i) Section 9, Airworthiness Limitations
(AWLs) and Certification Maintenance
Requirements (CMRs), D622T001–9, Revision
July 2011, of the Boeing 767 Maintenance
Planning Data Document.
(ii) Section 9, Airworthiness Limitations
(AWLs) and Certification Maintenance
Requirements (CMRs), D622T001–9, Revision
February 2014, of the Boeing 767
Maintenance Planning Data Document.
(4) The following service information was
approved for IBR on October 16, 2003 (68 FR
53503, September 11, 2003).
(i) Appendix B of Boeing 767 Maintenance
Planning Data Document D622T001, Revision
December 2002.
(ii) Subsection B, Section 9, of Boeing 767
Maintenance Planning Data Document
D622T001–9, Revision October 2002.
(5) 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.
(6) You may view this service information
at 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.
(7) 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/ibrlocations.html.
Issued in Renton, Washington, on July 3,
2014.
Dionne Palermo,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2014–17996 Filed 7–31–14; 8:45 am]
emcdonald on DSK67QTVN1PROD with RULES
BILLING CODE 4910–13–P
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Federal Aviation Administration
14 CFR Part 39
RIN 2120–AA64
Airworthiness Directives; Beechcraft
Corporation Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
We are adopting a new
airworthiness directive (AD) for certain
Beechcraft Corporation (Type Certificate
Previously Held by Hawker Beechcraft
Corporation; Raytheon Aircraft
Company; Mitsubishi Heavy Industries,
Inc. Ltd.) Model MU–300 airplanes, and
Beechcraft Corporation (Type Certificate
Previously Held by Hawker Beechcraft
Corporation; Raytheon Aircraft
Company; Beech Aircraft Corporation)
Model 400, 400A, and 400T airplanes.
This AD was prompted by multiple
reports of fatigue cracking in the
horizontal stabilizer ribs. This AD
requires repetitive inspections of the
horizontal stabilizer rib assemblies for
cracking, and replacement if necessary.
We are issuing this AD to detect and
correct such cracking, which could
result in the failure of the horizontal
stabilizer and loss of pitch control of the
airplane.
DATES: This AD is effective September 5,
2014.
SUMMARY:
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2014–
0187; 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
Docket 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: Paul
Chapman, Aerospace Engineer,
Airframe Branch, ACE–118W, FAA,
Wichita Aircraft Certification Office
(ACO), 1801 Airport Road, Room 100,
Frm 00043
Fmt 4700
Mid-Continent Airport, Wichita, KS
67209; phone: 316–946–4152; fax: 316–
946–4107; email: paul.chapman@
faa.gov.
SUPPLEMENTARY INFORMATION:
[Docket No. FAA–2014–0187; Directorate
Identifier 2012–NM–087–AD; Amendment
39–17917; AD 2014–15–15]
PO 00000
44677
Sfmt 4700
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to certain Beechcraft Corporation
(Type Certificate Previously Held by
Hawker Beechcraft Corporation;
Raytheon Aircraft Company; Mitsubishi
Heavy Industries, Inc. Ltd.) Model MU–
300 airplanes Type Certificate
previously held by Mitsubishi;
Raytheon Aircraft Company) Model
MU–300 airplanes, and Hawker
Beechcraft Corporation (Type Certificate
Previously Held by Hawker Beechcraft
Corporation; Raytheon Aircraft
Company; Beech Aircraft Corporation)
Model 400, 400A, and 400T airplanes.
The NPRM published in the Federal
Register on April 4, 2014 (79 FR 18848).
The NPRM was prompted by multiple
reports of fatigue cracking in the
horizontal stabilizer ribs. The NPRM
proposed to require repetitive
inspections of the horizontal stabilizer
rib assemblies for cracking, and
replacement if necessary. We are issuing
this AD to detect and correct such
cracking, which could result in the
failure of the horizontal stabilizer and
loss of pitch control of the airplane.
Comments
We gave the public the opportunity to
participate in developing this AD. We
received no comments on the NPRM (79
FR 18848, April 4, 2014) 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 this AD
as proposed except for minor editorial
changes. We have determined that these
minor changes:
• Are consistent with the intent that
was proposed in the NPRM (79 FR
18848, April 4, 2014) for correcting the
unsafe condition; and
• Do not add any additional burden
upon the public than was already
proposed in the NPRM (79 FR 18848,
April 4, 2014).
Costs of Compliance
We estimate that this AD affects 735
airplanes of U.S. registry.
We estimate the following costs to
comply with this AD:
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Agencies
[Federal Register Volume 79, Number 148 (Friday, August 1, 2014)]
[Rules and Regulations]
[Pages 44672-44677]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-17996]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2012-0145; Directorate Identifier 2011-NM-066-AD;
Amendment 39-17899; AD 2014-14-04]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are superseding Airworthiness Directive (AD) 2003-18-10 for
certain The Boeing Company Model 767 airplanes. AD 2003-18-10 required
revising the Airworthiness Limitations Section of the maintenance
planning data (MPD) document. This new AD also requires revising the
maintenance program to incorporate an additional limitation, which
terminates the existing requirements; and adds airplanes to the
applicability. This AD was prompted by a re-evaluation of certain doors
and flaps based on their fatigue-critical nature. We are issuing this
AD to detect and correct fatigue cracking of the principal structural
elements (PSEs), which could adversely affect the structural integrity
of the airplane.
DATES: This AD is effective September 5, 2014.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of September 5,
2014.
The Director of the Federal Register approved the incorporation by
reference of certain other publications listed in this AD as of October
16, 2003 (68 FR 53503, September 11, 2003).
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 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 https://www.regulations.gov by searching for and locating Docket No. FAA-2012-
0145; 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 Docket Management Facility, U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE., Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Berhane Alazar, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6577; fax:
425-917-6590; email: berhane.alazar@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2003-18-10, Amendment 39-13301 (68 FR 53503,
September 11, 2003). AD 2003-18-10 applied to The Boeing Company Model
767 airplanes. The NPRM published in the Federal Register on February
22, 2012 (77 FR 10403). That NPRM proposed to continue to require
revising the Airworthiness Limitations Section of the MPD document.
That NPRM also proposed to require revising the maintenance program to
incorporate an additional limitation, which terminates the existing
requirements; and adding airplanes to the applicability.
Comments
We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
(77 FR 10403, February 22, 2012) and the FAA's response to each
comment.
Request To Reduce the Scope of the NPRM (77 FR 10403, February 22,
2012)
ABX Air requested that we reduce the scope of the NPRM (77 FR
10403, February 22, 2012).
ABX Air stated that the ``SUMMARY'' and ``Actions Since Existing AD
was Issued'' sections of the NPRM imply that it is a result of an
unsafe condition relating to certain cargo doors and flaps. ABX Air
stated that the NPRM would require incorporation of the July 2011
revision of Section 9 of the Boeing 767 MPD Document into the
operator's maintenance program. ABX Air stated that requiring the
complete revision is overreaching the AD's scope.
We disagree with reducing the scope of this final rule. The NPRM
(77 FR 10403, February 22, 2012) stated that re-evaluation of certain
doors and flaps prompted the new rulemaking. However, the re-evaluation
was not limited to certain doors and flaps, but rather a complete
review of the entire July 2011 revision of Subsection B, Airworthiness
Limitations--Structural Limitations, of Section 9 of the Boeing 767 MPD
Document. The AD is intended to detect and correct fatigue cracking of
the principal structural elements (PSEs) listed in the July 2011
revision of Subsection B, Airworthiness Limitations--Structural
Limitations, of Section 9 of the Boeing 767 MPD
[[Page 44673]]
Document, as stated in the preamble of the NPRM. We have not changed
this final rule in this regard.
Request To Revise Note 1 to Paragraph (c) of the NPRM (77 FR 10403,
February 22, 2012)
Boeing requested that we revise the reference in Note 1 to
paragraph (c) of the NPRM (77 FR 10403, February 22, 2012) from FAA
Advisory Circular (AC) 25.1529-1A (https://rgl.faa.gov/Regulatory_and_Guidance_Library/rgAdvisoryCircular.nsf/0/E4111B5537E0B345862573B0006FA23B?OpenDocument&Highlight=ac 25.1529 1a)
to FAA AC 120-93, dated November 20, 2007 (https://rgl.faa.gov/Regulatory_and_Guidance_Library/rgAdvisoryCircular.nsf/0/F73FD2A31B353A71862573B000521928?OpenDocument&Highlight=faa ac 120-93).
Boeing stated that the FAA has revised AC 25.1529-1 at Revision A,
dated November 20, 2007 (https://rgl.faa.gov/Regulatory_and_Guidance_Library/rgAdvisoryCircular.nsf/0/E4111B5537E0B345862573B0006FA23B?OpenDocument&Highlight=ac 25.1529 1a),
to apply only to airplanes below 7,500 pounds gross weight; therefore,
AC 25.1529-1A no longer applies to Model 767 airplanes.
We agree that FAA AC 25.1529-1A (https://rgl.faa.gov/Regulatory_and_Guidance_Library/rgAdvisoryCircular.nsf/0/E4111B5537E0B345862573B0006FA23B?OpenDocument&Highlight=ac 25.1529 1a)
does not apply to airplanes identified in this final rule, and have
determined that Note 1 to paragraph (c) of the NPRM (77 FR 10403,
February 22, 2012) is not needed. That note has been removed from this
final rule.
Request To Remove Reference to Certain Document
United Parcel Service (UPS) requested that we remove the reference
to Subsection B, Airworthiness Limitations--Structural Inspections, of
Section 9, Airworthiness Limitations (AWLs) and Certification
Maintenance Requirements (CMRs), D622T001-9, Revision July 2011, of the
Boeing 767 MPD Document from paragraph (g) of the NPRM (77 FR 10403,
February 22, 2012). UPS stated that, if paragraph (g) of the NPRM is a
restatement of the requirements of AD 2003-18-10, Amendment 39-13301
(68 FR 53503, September 11, 2003), then the July 2011 revision is not
required. UPS stated that, if the intent was to indicate those
revisions previously approved by rule or Alternative Method of
Compliance (AMOC) approval, then paragraph (g) of the NPRM should state
that those revisions were previously approved instead of referring to
specific revision dates.
We disagree with the request to remove the reference. Including
this reference in paragraph (g) of this final rule gives an option to
the operator, and is not a requirement. No change has been made to this
final rule in this regard.
Requests To Permit Use of Later Revisions of MPD
Boeing and AA requested that we permit the use of later revisions
of Section 9, Airworthiness Limitations (AWLs) and Certification
Maintenance Requirements (CMRs), D622T001-9, of the Boeing 767 MPD
Document. Boeing stated that since the NPRM (77 FR 10403, February 22,
2012) was published, new revisions of that document have been released.
We agree to allow use of the most recent revision of the MPD
(Subsection B, Airworthiness Limitations--Structural Inspections, of
Section 9, Airworthiness Limitations (AWLs) and Certification
Maintenance Requirements (CMRs), D622T001-9, Revision February 2014, of
the Boeing 767 MPD Document), and have added this reference in
paragraph (i) of this final rule accordingly. Operators may also
request approval to use prior revisions of the referenced MPD as an
alternative method of compliance, under the provisions of paragraph (l)
of the final rule.
Requests To Provide Grace Period
ABX Air, Japan Air Lines (JAL), and All Nippon Airways (ANA)
requested that we add a grace period to paragraph (i) of the NPRM (77
FR 10403, February 22, 2012).
ABX Air requested a 44-month grace period to allow operators to
revise their maintenance program and do the initial inspection and
repair without putting the fleet out of compliance. ABX Air stated that
airplanes that have exceeded the existing 25,000-flight-cycle
compliance time would be out of compliance when the AD is published.
ABX believes that extending the compliance time to 44 months will
provide an acceptable level of safety.
JAL requested we add a 24-month grace period to paragraph (i) of
the NPRM (77 FR 10403, February 22, 2012). JAL stated that it has
airplanes that have exceeded the proposed compliance time.
ANA requested that we change the compliance time for revising the
maintenance program from 18 months to 45 months, or establish a grace
period to coordinate with ANA's C-check maintenance schedule.
American Airlines (AA) requested clarification of the compliance
times to address airplanes that are beyond the thresholds of the new
tasks specified in Section 9 of the Boeing 767 MPD Document. AA stated
that operators will have airplanes out of compliance with the
maintenance program when Section 9 of the Boeing 767 MPD Document is
incorporated.
We find that clarification of the compliance time for the initial
inspection is necessary. We have added a sentence to paragraph (i)(1)
of this final rule to specify that the initial compliance times for the
inspections are to be done at the applicable times specified in
Subsection B, Airworthiness Limitations--Structural Inspections, of
Section 9, Airworthiness Limitations (AWLs) and Certification
Maintenance Requirements (CMRs), D622T001-9, Revision July 2011 or
Revision February 2014, of the Boeing 767 MPD Document; or within 18
months after the effective date of this AD; whichever occurs later.
In developing an appropriate compliance time, we considered the
safety implications, the time necessary to design an acceptable
modification, and normal maintenance schedules for timely
accomplishment of the modification. In light of these items, we have
determined that the times specified in Subsection B, Airworthiness
Limitations--Structural Inspections, of Section 9, Airworthiness
Limitations (AWLs) and Certification Maintenance Requirements (CMRs),
D622T001-9, Revision July 2011 or Revision February 2014, of the Boeing
767 MPD Document; or within 18 months after the effective date of this
AD; for the initial inspection is appropriate. However, under the
provisions of paragraph (l) of the final rule, we will consider
requests for approval of an extension of the compliance time if
sufficient data are submitted to substantiate that the extension would
provide an acceptable level of safety.
Request To Allow Alternate Method To Track Rotable Parts
Boeing requested that we change paragraph (i) of the NPRM (77 FR
10403, February 22, 2012) to allow Appendix 7 of FAA AC 120-93, dated
November 20, 2007 (https://rgl.faa.gov/Regulatory_and_Guidance_Library/rgAdvisoryCircular.nsf/0/F73FD2A31B353A71862573B000521928?OpenDocument), or
[[Page 44674]]
another method approved by a principal maintenance inspector (PMI), as
an alternative to the method for tracking rotable parts. Boeing stated
that the current statement in Subsection B, Airworthiness Limitations--
Structural Inspections, of Section 9, Airworthiness Limitations (AWLs)
and Certification Maintenance Requirements (CMRs), D622T001-9, Revision
July 2011, of the Boeing 767 MPD Document, is overly restrictive for
the purpose of identifying fleet problems with an exploratory
inspection program for removable structural components.
We do not agree with the commenter's request to change the method
of compliance for tracking rotable parts. The Boeing MPD method is
identical to, or less restrictive for fleet age than, the method
described in FAA AC 120-93, dated November 20, 2007 (https://rgl.faa.gov/Regulatory_and_Guidance_Library/rgAdvisoryCircular.nsf/0/F73FD2A31B353A71862573B000521928?OpenDocument). This AC permits a
``conservative'' implementation schedule to be established. However, a
``conservative'' schedule is undefined and, therefore, unenforceable.
As a result, the FAA guidance in the AC is inappropriate for inclusion
in this final rule. No change has been made to this final rule in this
regard. However, under the provisions of paragraph (l) of the final
rule, we will consider requests for approval of an alternative method
for compliance if sufficient data are submitted to substantiate that
the alternative method would provide an acceptable level of safety.
Request To Require Maintenance Program Revision
UPS requested that we revise the text of paragraph (g) of the NPRM
(77 FR 10403, February 22, 2012) to require revising the maintenance
program to incorporate the identified MPD documents. UPS stated that
paragraph (g) of the NPRM requires operators to revise Subsection B of
Section 9 of the Boeing 767 MPD Document and Appendix B of Boeing 767
MPD Document. UPS noted that operators do not have control or revision
authority over the Boeing 767 MPD documents.
We agree with this request. We have revised paragraph (g) of this
final rule to clarify how to revise the maintenance program.
Requests To Permit Use of Later Revisions of Service Information
Boeing and JAL requested that we permit the use of future FAA-
approved revisions of the service information.
We disagree. Using the phrase ``later-approved revisions'' violates
the Office of the Federal Register regulations for approving materials
that are incorporated by reference. According to the provisions of
paragraph (l) of this final rule, operators may request approval of an
alternative method of compliance (AMOC) to use a later revision of the
referenced MPD document as an alternative, if the request is submitted
with substantiating data that demonstrate the later revision will
provide an adequate level of safety. We have not changed this final
rule in this regard.
Requests To Expand AMOC Section To Include Previous Approvals
United Airlines (United), AA, and UPS requested that we expand the
AMOC section of the NPRM (77 FR 10403, February 22, 2012) to include
previous approvals for AMOCs for AD 2003-18-10, Amendment 39-13301 (68
FR 53503, September 11, 2003).
We agree with the request. Repairs previously approved as AMOCs in
accordance with AD 2003-18-10, Amendment 39-13301 (68 FR 53503,
September 11, 2003), are acceptable for compliance with the
corresponding actions required by this final rule. We have added a new
paragraph (l)(4) to this final rule accordingly.
Requests To Expand AMOCs To Include Certain Repairs
AA and Boeing requested that we expand the AMOC section to include
repairs approved under section 25.571 of the Federal Aviation
Regulations (14 CFR 25.571) and section 26.43(d) of the Federal
Aviation Regulations (14 CFR 26.43(d)) as acceptable methods of
compliance. AA recommended that we approve as AMOCs to the NPRM (77 FR
10403, February 22, 2012) all repairs approved by a Boeing-authorized
representative on parts listed in Section 9 of the Boeing 767 MPD
Document that were found to be compliant with 14 CFR 25.571 and 14 CFR
26.43(d). Boeing recommended ``grandfathering'' existing repairs to new
CMRs/structural significant items (SSI) provided adequate damage
tolerance has been performed at repair approval.
We agree with the commenter. We have added a new paragraph (l)(5)
to this final rule to allow the following repairs done before the
effective date of this AD as acceptable methods of compliance where the
inspections of the baseline structure cannot be accomplished: Repairs
that are approved under both section 25.571 of the Federal Aviation
Regulations (14 CFR 25.571) and section 26.43(d) of the Federal
Aviation Regulations (14 CFR 26.43(d)) by the Boeing Commercial
Airplanes Organization Designation Authorization (ODA) that has been
authorized by the Manager, Seattle Aircraft Certification Office (ACO),
to make those findings; provided that the repair specified an
inspection program (inspection threshold, method, and repetitive
interval); and that operators revised their maintenance or inspection
program, as applicable, to include the inspection program for the
repair.
Request for Clarification of Certain AMOC Section
Boeing requested that we revise paragraph (k)(3) of the NPRM (77 FR
10403, February 22, 2012) to include inspecting as an alternative
method to satisfy the damage tolerance requirements. (Paragraph (k)(3)
of the NPRM corresponds to paragraph (l)(3) of this final rule.) Boeing
stated that doing so would clarify that, in cases where an operator
cannot perform an inspection ``per D622T001-9 Subsection B and
D622T001-DTR in baseline configuration,'' an alternate inspection type
that satisfies the damage tolerance requirements can be used with an
appropriate AMOC approval.
We disagree with adding the requested text to this final rule.
Paragraph c. of Section 2-7 of Chapter 2, DER (designated engineering
representative) Authority and Limitations, of FAA Order 8110.37E, DER
Handbook, effective March 30, 2011 (https://rgl.faa.gov/Regulatory_and_Guidance_Library/rgOrders.nsf/0/3679F39DB79BB62A8625786A0066C662?OpenDocument&Highlight=8110.37e), does
permit an authorized DER or other authorized representative to approve
an alternative inspection method, threshold, or interval, where a new
repair or modification results in the inability to accomplish the
existing AD-mandated inspection, or necessitates a change in the
existing AD-mandated inspection threshold. This delegation is already
provided in paragraph (l)(3) of this final rule. No change has been
made to the final rule in this regard.
Request To Clarify the Compliance Time for the Reporting Requirements
Delta Airlines (Delta) requested that we clarify the compliance
time for the proposed reporting requirements. Delta stated that the
instruction in Subsection B, Airworthiness Limitations--Structural
Inspections, of Section 9, Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements (CMRs), Revision July 2011, or
Revision February 2014, of the Boeing 767 MPD
[[Page 44675]]
Document, specifies reporting within 10 days. Delta requested a change
to state that reporting is required within 10 days after the airplane
is returned to service, instead of 10 days after each individual
finding.
We agree with the commenter's request. We have added new paragraph
(i)(3) to this final rule to clarify that the compliance time for
reporting is within 10 days after the airplane is returned to service,
instead of 10 days after each individual finding. We have also added
new paragraph (j) to this final rule to include the Paperwork Reduction
Act Burden Statement, and re-designated subsequent paragraphs
accordingly.
Other Changes to This Final Rule
We have moved the information from Note 2 of the NPRM (77 FR 10403,
February 22, 2012) into paragraph (i)(2) of this final rule.
We have clarified the language in paragraph (k) of this AD and
added a reference to paragraph (l) of this AD.
Conclusion
We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD with the changes described previously and minor editorial
changes. We have determined that these minor changes:
Are consistent with the intent that was proposed in the
NPRM (77 FR 10403, February 22, 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 10403, February 22, 2012).
We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.
Costs of Compliance
We estimate that this AD affects 417 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
Revise airworthiness limitations 1 work[dash]hour x $85 $0 $85 $35,445
[retained action from AD 2003-18-10, per hour = $85.
Amendment 39-13301 (68 FR 53503,
September 11, 2003)].
Revise airworthiness limitations [new 1 work-hour x $85 per 0 85 35,445
requirement]. hour = $85.
----------------------------------------------------------------------------------------------------------------
Paperwork Reduction Act
A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid OMB control number. The control
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in
the Costs of Compliance section of this document and includes time for
reviewing instructions, as well as completing and reviewing the
collection of information. Therefore, all reporting associated with
this AD is mandatory. Comments concerning the accuracy of this burden
and suggestions for reducing the burden should be directed to the FAA
at 800 Independence Ave. SW., Washington, DC 20591, ATTN: Information
Collection Clearance Officer, AES-200.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
(3) Will not affect intrastate aviation in Alaska, and
(4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by removing airworthiness directive (AD)
2003-18-10, Amendment 39-13301 (68 FR 53503, September 11, 2003), and
adding the following new AD:
2014-14-04 The Boeing Company: Amendment 39-17899; Docket No. FAA-
2012-0145; Directorate Identifier 2011-NM-066-AD.
(a) Effective Date
This airworthiness directive (AD) is effective September 5,
2014.
(b) Affected ADs
This AD supersedes AD 2003-18-10, Amendment 39-13301 (68 FR
53503, September 11, 2003).
[[Page 44676]]
(c) Applicability
This AD applies to The Boeing Company Model 767-200, -300, -
300F, and -400ER series airplanes, certificated in any category,
line numbers 1 through 997 inclusive.
(d) Subject
Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 51, Standard Practices/Structures; 52, Doors;
53, Fuselage; 54, Nacelle/Pylons; 55, Stabilizers; 56, Windows; and
57, Wings.
(e) Unsafe Condition
This AD was prompted by a re-evaluation of certain doors and
flaps based on their fatigue-critical nature. We are issuing this AD
to detect and correct fatigue cracking of the principal structural
elements (PSEs), which could adversely affect the structural
integrity of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Retained Revision of Section 9 of the Boeing 767 Maintenance
Planning Data (MPD) Document
This paragraph restates the requirements of paragraph (c) of AD
2003-18-10, Amendment 39-13301 (68 FR 53503, September 11, 2003),
with clarification for revising the maintenance program. For Model
767-200, -300, -300F, and -400ER series airplanes having line
numbers 1 through 895 inclusive: Within 18 months after October 16,
2003 (the effective date of AD 2003-18-10), revise the maintenance
program to incorporate Subsection B, Section 9, of Boeing 767 MPD
Document D622T001, entitled ``Airworthiness Limitations and
Certification Maintenance Requirements,'' Revision October 2002, and
Appendix B of Boeing 767 MPD Document D622T001, Revision December
2002; or Subsection B, Airworthiness Limitations--Structural
Limitations, of Section 9, Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements (CMRs), D622T001-9, Revision
July 2011, of the Boeing 767 MPD Document.
(h) Retained Alternative Inspections and Inspection Intervals
This paragraph restates the alternative inspection and
inspection interval limitations specified by paragraph (d) of AD
2003-18-10, Amendment 39-13301 (68 FR 53503, September 11, 2003).
Except as provided by paragraphs (i) and (l) of this AD: After the
actions required by paragraph (g) of this AD have been accomplished,
no alternative inspections or inspection intervals shall be approved
for the structural significant items (SSIs) contained in Section 9
of Boeing 767 MPD Document D622T001-9, Revision October 2002.
(i) New Maintenance Program Revision
(1) Within 18 months after the effective date of this AD, revise
the maintenance program to incorporate the Limitations section in
Subsection B, Airworthiness Limitations--Structural Inspections, of
Section 9, Airworthiness Limitations (AWLs) and Certification
Maintenance Requirements (CMRs), D622T001-9, Revision July 2011 or
Revision February 2014, of the Boeing 767 MPD Document. Doing this
maintenance program revision terminates the requirements of
paragraph (g) of this AD. The initial compliance times for the
inspections are at the applicable times specified in Subsection B,
Airworthiness Limitations--Structural Inspections, of Section 9,
Airworthiness Limitations (AWLs) and Certification Maintenance
Requirements (CMRs), D622T001-9, Revision July 2011 or Revision
February 2014, of the Boeing 767 MPD Document; or within 18 months
after the effective date of this AD; whichever occurs later.
(2) For the purposes of this AD, the terms PSEs as used in this
AD, and SSIs as used in Subsection B, Airworthiness Limitations--
Structural Inspections, of Section 9, Airworthiness Limitations
(AWLs) and Certification Maintenance Requirements (CMRs), D622T001-
9, Revision July 2011 or Revision February 2014, of the Boeing 767
MPD Document, are considered to be interchangeable.
(3) Reports specified in Section 9, Airworthiness Limitations
(AWLs) and Certification Maintenance Requirements (CMRs), D622T001-
9, Revision July 2011 or Revision February 2014, of the Boeing 767
MPD Document, may be submitted within 10 days after the airplane is
returned to service, instead of 10 days after each individual
finding, as specified in Section 9, Airworthiness Limitations (AWLs)
and Certification Maintenance Requirements (CMRs), D622T001-9,
Revision July 2011 or Revision February 2014, of the Boeing 767
Maintenance Planning Data (MPD) Document.
(j) Paperwork Reduction Act Burden Statement
A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty
for failure to comply with a collection of information subject to
the requirements of the Paperwork Reduction Act unless that
collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 5 minutes per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.
(k) Alternative Inspections and Inspection Intervals
After the maintenance or inspection program has been revised as
required by paragraph (i) of this AD, no alternative actions (e.g.,
inspections) or intervals may be used unless the actions or
intervals are approved as an alternative method of compliance (AMOC)
in accordance with the procedures specified in paragraph (l) of this
AD.
(l) 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 (m) 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 Aircraft
Certification Office (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 previously in accordance with AD 2003-18-10,
Amendment 39-13301 (68 FR 53503, September 11, 2003), are approved
as AMOCs for the corresponding actions specified in this AD.
(5) Repairs done before the effective date of this AD that meet
the conditions specified in paragraphs (l)(5)(i), (l)(5)(ii), and
(l)(5)(iii) of this AD are acceptable methods of compliance for the
repaired area where the inspections of the baseline structure cannot
be accomplished.
(i) The repair was approved under both section 25.571 of the
Federal Aviation Regulations (14 CFR 25.571) and section 26.43(d) of
the Federal Aviation Regulations (14 CFR 26.43(d)) by the Boeing
Commercial Airplanes Organization Designation Authorization (ODA)
that has been authorized by the Manager, Seattle Aircraft
Certification Office (ACO), to make those findings.
(ii) The repair approval provides an inspection program
(inspection threshold, method, and repetitive interval).
(iii) Operators revised their maintenance or inspection program,
as applicable, to include the inspection program (inspection
threshold, method, and repetitive interval) for the repair.
(m) Related Information
For more information about this AD, contact Berhane Alazar,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue SW., Renton, WA 98057-3356;
phone: 425-917-6577; fax: 425-917-6590; email:
berhane.alazar@faa.gov.
[[Page 44677]]
(n) 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.
(3) The following service information was approved for IBR on
September 5, 2014.
(i) Section 9, Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements (CMRs), D622T001-9, Revision
July 2011, of the Boeing 767 Maintenance Planning Data Document.
(ii) Section 9, Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements (CMRs), D622T001-9, Revision
February 2014, of the Boeing 767 Maintenance Planning Data Document.
(4) The following service information was approved for IBR on
October 16, 2003 (68 FR 53503, September 11, 2003).
(i) Appendix B of Boeing 767 Maintenance Planning Data Document
D622T001, Revision December 2002.
(ii) Subsection B, Section 9, of Boeing 767 Maintenance Planning
Data Document D622T001-9, Revision October 2002.
(5) 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.
(6) You may view this service information at 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.
(7) 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 July 3, 2014.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-17996 Filed 7-31-14; 8:45 am]
BILLING CODE 4910-13-P