Airworthiness Directives; The Boeing Company Airplanes, 8668-8671 [2016-03466]

Download as PDF 8668 Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Proposed Rules loan activities (i.e., mortgage loan applications). HMDA’s requirements concerning mortgage loans were implemented in Regulation C to apply to home purchase loans secured by a dwelling (or refinancings) and home improvement loans.5 As noted above, the Dodd-Frank Act transferred the Board’s rulemaking authority under HMDA and other enumerated consumer protection laws to the Bureau, but Section 1029 of the Dodd-Frank Act also preserved the Board’s rulemaking authority over certain motor vehicle dealers, with some exceptions. The rulemaking authority retained by the Board under Section 1029 does not extend to residential or commercial mortgages or self-financing transactions involving real property.6 Thus, all rulemaking authority under HMDA, which pertains only to mortgage loan transactions, was transferred to the Bureau. Consequently, the Board is publishing a proposal to repeal the Board’s Regulation C, 12 CFR part 203. The Board requests comment on any technical issues raised by the proposed repeal of the Board’s Regulation C. Lhorne on DSK5TPTVN1PROD with PROPOSALS III. Initial Regulatory Flexibility Analysis The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) (RFA) generally requires an agency to perform an assessment of the impact a rule is expected to have on small entities. Based on its analysis, and for the reasons stated below, the Board believes that this proposed rule will not have a significant economic impact on a substantial number of small entities. A final regulatory flexibility analysis will be conducted after consideration of comments received during the public comment period. 1. Statement of the need for, and objectives of, the proposed rule. Title X of the Dodd-Frank Act transferred rulemaking authority for HMDA and other enumerated consumer financial protection laws from the Board to the Bureau, effective July 21, 2011. In December 2011, the Bureau issued an Interim Final Rule to implement HMDA pursuant to the transfer of rulemaking 5 Regulation C covers loans secured by a ‘‘dwelling,’’ which is defined as any residential structure, whether or not it is attached to real property, which would include mobile homes or manufactured homes. 12 CFR 1003.2. Under the Bureau’s 2015 final rule, however, recreational vehicles used as a residence are not covered as dwellings for purposes of HMDA. See 80 FR 66128, 66145 (Oct. 28, 2015). 6 Section 1029(b)(1) of the Dodd-Frank Act states: Subsection (a) shall not apply to any person, to the extent such person (1) provides consumers with any services related to residential or commercial mortgages or self-financing transaction involving real property. . . .’’ 12 U.S.C. 5519(b). VerDate Sep<11>2014 13:38 Feb 19, 2016 Jkt 238001 authority. Although the Board retains authority to issue some consumer financial protection rules, all rulemaking authority under HMDA concerning mortgage loan transactions was transferred to the Bureau. Consequently, the Board is proposing to repeal the Board’s Regulation C, 12 CFR part 203. 2. Small entities affected by the proposed rule. Any entity that is currently covered by HMDA is subject to the rules issued by the Bureau, located in 12 CFR part 1003. Therefore the Board’s repeal of its Regulation C would not affect any entity, including small entities. 3. Recordkeeping, reporting, and compliance requirements. The proposed rule would repeal the Board’s Regulation C, 12 CFR part 203, and would therefore not impose any recordkeeping, reporting, or compliance requirements on any entities. 4. Other federal rules. The Board has not identified any federal rules that duplicate, overlap, or conflict with the proposed repeal of the Board’s Regulation C, 12 CFR part 203. 5. Significant alternatives to the proposed revisions. The Board is not aware of any significant alternatives that would further minimize the impact on small entities of the proposed repeal, but solicits comment on this approach. IV. Paperwork Reduction Act In accordance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3506; 5 CFR 1320 Appendix A.1), the Board reviewed the rule under the authority delegated to the Federal Reserve by the Office of Management and Budget (OMB). The proposed rule contains no collections of information under the PRA. See 44 U.S.C. 3502(3). Accordingly, there is no paperwork burden associated with the proposed rule. List of Subjects in 12 CFR Part 203 Banks, Banking, Federal Reserve System, Mortgages, and Reporting and recordkeeping requirements. Authority and Issuance For the reasons set forth in the preamble, the Board proposes to amend Regulation C, 12 CFR part 203, and the Official Staff Commentary, as set forth below: PART 203—HOME MORTGAGE DISCLOSURE (REGULATION C) ■ 1. Part 203 is removed and reserved. PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 By order of the Board of Governors of the Federal Reserve System, February 11, 2016. Robert deV. Frierson, Secretary of the Board. [FR Doc. 2016–03229 Filed 2–19–16; 8:45 am] BILLING CODE P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2016–3698; Directorate Identifier 2015–NM–138–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 767–200 and –300 series airplanes. This proposed AD was prompted by an evaluation by the design approval holder (DAH) indicating that the aft pressure bulkhead at a certain area is subject to widespread fatigue damage (WFD). This proposed AD would require replacing the aft pressure bulkhead with a new, improved aft pressure bulkhead, and doing related investigative and corrective actions if necessary. We are proposing this AD to prevent fatigue cracking in the radial web lap splices of the aft pressure bulkhead. Such cracking could result in rapid decompression and consequent reduced structural integrity of the airplane. SUMMARY: We must receive comments on this proposed AD by April 7, 2016. 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 https://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 NPRM, contact Boeing Commercial DATES: E:\FR\FM\22FEP1.SGM 22FEP1 Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Proposed Rules 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.my boeingfleet.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. It is also available on the Internet at https://www.regulations.gov by searching for and locating Docket No. FAA–2016–3698. 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–2016– 3698; 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: Wayne Lockett, Aerospace Engineer, Airframe Branch, ANM–120S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057–3356; phone: 425–917–6447; fax: 425–917–6590; email: wayne.lockett@faa.gov. SUPPLEMENTARY INFORMATION: Lhorne on DSK5TPTVN1PROD with PROPOSALS Comments Invited We invite you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under the ADDRESSES section. Include ‘‘Docket No. FAA– 2016–3698; Directorate Identifier 2015– NM–138–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 https:// 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. VerDate Sep<11>2014 13:38 Feb 19, 2016 Jkt 238001 Discussion Structural fatigue damage is progressive. It begins as minute cracks, and those cracks grow under the action of repeated stresses. This can happen because of normal operational conditions and design attributes, or because of isolated situations or incidents such as material defects, poor fabrication quality, or corrosion pits, dings, or scratches. Fatigue damage can occur locally, in small areas or structural design details, or globally. Global fatigue damage is general degradation of large areas of structure with similar structural details and stress levels. Multiple-site damage is global damage that occurs in a large structural element such as a single rivet line of a lap splice joining two large skin panels. Global damage can also occur in multiple elements such as adjacent frames or stringers. Multiple-sitedamage and multiple-element-damage cracks are typically too small initially to be reliably detected with normal inspection methods. Without intervention, these cracks will grow, and eventually compromise the structural integrity of the airplane, in a condition known as WFD. As an airplane ages, WFD will likely occur, and will certainly occur if the airplane is operated long enough without any intervention. The FAA’s WFD final rule (75 FR 69746, November 15, 2010) became effective on January 14, 2011. The WFD rule requires certain actions to prevent structural failure due to WFD throughout the operational life of certain existing transport category airplanes and all of these airplanes that will be certificated in the future. For existing and future airplanes subject to the WFD rule, the rule requires that DAHs establish a limit of validity (LOV) of the engineering data that support the structural maintenance program. Operators affected by the WFD rule may not fly an airplane beyond its LOV, unless an extended LOV is approved. The WFD rule (75 FR 69746, November 15, 2010) does not require identifying and developing maintenance actions if the DAHs can show that such actions are not necessary to prevent WFD before the airplane reaches the LOV. Many LOVs, however, do depend on accomplishment of future maintenance actions. As stated in the WFD rule, any maintenance actions necessary to reach the LOV will be mandated by airworthiness directives through separate rulemaking actions. In the context of WFD, this action is necessary to enable DAHs to propose LOVs that allow operators the longest PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 8669 operational lives for their airplanes, and still ensure that WFD will not occur. This approach allows for an implementation strategy that provides flexibility to DAHs in determining the timing of service information development (with FAA approval), while providing operators with certainty regarding the LOV applicable to their airplanes. We have determined that the aft pressure bulkhead at Station 1582 is subject to WFD. If fatigue cracking in the radial web lap splices of the aft pressure bulkhead is not found and repaired, the cracks can rapidly link up and become large, which could result in rapid decompression and consequent reduced structural integrity of the airplane. Related Rulemaking On February 25, 2004, we issued AD 2004–05–16, Amendment 39–13511 (69 FR 10917, March 9, 2004), applicable to certain Boeing Model 767–200 and –300 series airplanes. That AD requires repetitive inspections of the aft pressure bulkhead web, and corrective action, if necessary. The actions required by AD 2004–05–16 are intended to detect and correct fatigue cracks in the aft pressure bulkhead web, which could result in uncontrolled rapid decompression. On July 1, 2004, we issued AD 2004– 14–19, Amendment 39–13728 (69 FR 42549, July 16, 2004), applicable to all Boeing Model 767 series airplanes. That AD requires repetitive detailed inspections of the aft pressure bulkhead for indications of ‘‘oil cans’’ and previous ‘‘oil can’’ repairs, and corrective actions if necessary. The actions required by AD 2004–14–19 are intended to detect and correct the propagation of fatigue cracks in the vicinity of ‘‘oil cans’’ on the web of the aft pressure bulkhead, which could result in rapid decompression of the passenger cabin, possible damage or interference with the airplane control systems that pass through the bulkhead, and consequent loss of control of the airplane. On March 12, 2009, we issued AD 2009–06–19, Amendment 39–15856 (74 FR 12243, March 24, 2009), applicable to certain Boeing Model 767–200 and 767–300 series airplanes. That AD requires detailed inspections of the aft pressure bulkhead for damage, midfrequency eddy current (MFEC) and low frequency eddy current (LFEC) inspections of radial web lap splices, tear strap splices, and super tear strap splices for cracking, and corrective actions if necessary. The actions required by AD 2009–06–19 are intended to detect and correct fatigue E:\FR\FM\22FEP1.SGM 22FEP1 8670 Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Proposed Rules cracks of the aft pressure bulkhead, which could result in rapid decompression of the passenger compartment and possible damage or interference with airplane control systems that penetrate the bulkhead, and consequent loss of controllability of the airplane. Related Service Information Under 1 CFR Part 51 We reviewed Boeing Alert Service Bulletin 767–53A0267, dated August 13, 2015. The service information describes procedures for replacing the aft pressure bulkhead at Station 1582 of Section 48 with a new, improved aft pressure bulkhead, including all applicable related investigative and corrective actions. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. 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 This proposed AD would require accomplishing the actions specified in the service information described previously, except as discussed under ‘‘Difference Between this Proposed AD and the Service Information.’’ For information on the procedures and compliance times, see this service information at https:// www.regulations.gov by searching for and locating Docket No. FAA–2016– 3698. The phrase ‘‘related investigative actions’’ is used in this proposed AD. ‘‘Related investigative actions’’ are follow-on actions that (1) are related to the primary action, and (2) further investigate the nature of any condition found. Related investigative actions in an AD could include, for example, inspections. The phrase ‘‘corrective actions’’ is used in this proposed AD. ‘‘Corrective actions’’ are actions that correct or address any condition found. Corrective actions in an AD could include, for example, repairs. 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 that have been approved by the Boeing Commercial Airplanes Organization Designation Authorization (ODA) whom we have authorized to make those findings. Difference Between This Proposed AD and the Service Information The service bulletin specifies to contact the manufacturer for instructions on how to repair certain Costs of Compliance Explanation of Compliance Time The compliance time for the replacement specified in this proposed AD for addressing WFD was established to ensure that discrepant structure is replaced 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. We estimate that this proposed AD affects 86 airplanes of U.S. registry. We estimate the following costs to comply with this proposed AD: ESTIMATED COSTS Action Labor cost Parts cost Cost per product Cost on U.S. operators Replacement ................................................... 1,541 work-hours × $85 per hour = $130,985 $646,889 $777,874 $66,897,164 because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Authority for This Rulemaking Lhorne on DSK5TPTVN1PROD with PROPOSALS We have received no definitive data that would enable us to provide cost estimates for the on-condition investigative and corrective actions specified in this proposed AD. We 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 this 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 Regulatory Findings 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 VerDate Sep<11>2014 13:38 Feb 19, 2016 Jkt 238001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 (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 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. E:\FR\FM\22FEP1.SGM 22FEP1 Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Proposed Rules § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): ■ The Boeing Company: Docket No. FAA– 2016–3698; Directorate Identifier 2015– NM–138–AD. (a) Comments Due Date We must receive comments by April 7, 2016. (b) Affected ADs This AD affects the ADs specified in paragraphs (b)(1), (b)(2), and (b)(3) of this AD. (1) AD 2004–05–16, Amendment 39–13511 (69 FR 10917, March 9, 2004). (2) AD 2004–14–19, Amendment 39–13728 (69 FR 42549, July 16, 2004). (3) AD 2009–06–19, Amendment 39–15856 (74 FR 12243, March 24, 2009). (c) Applicability This AD applies to The Boeing Company Model 767–200 and –300 series airplanes, certificated in any category, as identified in Boeing Alert Service Bulletin 767–53A0267, dated August 13, 2015. (d) Subject Air Transport Association (ATA) of America Code 53, Fuselage. (e) Unsafe Condition This AD was prompted by an evaluation by the design approval holder (DAH) indicating that the aft pressure bulkhead at Station 1582 is subject to widespread fatigue damage (WFD). We are issuing this AD to prevent fatigue cracking in the radial web lap splices of the aft pressure bulkhead. Such cracking could result in rapid decompression and consequent reduced structural integrity of the airplane. Lhorne on DSK5TPTVN1PROD with PROPOSALS (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Replacement and Related Investigative and Corrective Actions Before the accumulation of 60,000 total flight cycles, or within 36 months after the effective date of this AD, whichever occurs later, but not earlier than 37,500 total accumulated flight cycles: Replace the aft pressure bulkhead at Station 1582 of Section 48 with a new, improved aft pressure bulkhead, and perform all applicable related investigative and corrective actions, in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 767–53A0267, dated August 13, 2015; except as required by paragraph (h) of this AD. Do all applicable related investigative and corrective actions before further flight. Accomplishing the replacement in this paragraph terminates the repetitive inspections of the aft pressure bulkhead required by the ADs identified in paragraphs (g)(1), (g)(2), and (g)(3) of this AD. (1) Paragraphs (a) and (b) of AD 2004–05– 16, Amendment 39–13511 (69 FR 10917, March 9, 2004). VerDate Sep<11>2014 13:38 Feb 19, 2016 Jkt 238001 (2) Paragraphs (b), (c), and (d) of AD 2004– 14–19, Amendment 39–13728 (69 FR 42549, July 16, 2004). (3) Paragraph (f) of AD 2009–06–19, Amendment 39–15856 (74 FR 12243, March 24, 2009). (h) Corrective Actions If any defect (e.g., rifling, gouging, nicks, or burrs, or excessive surface roughness) is found in any fastener hole (other than normally produced during a typical reaming operation), during accomplishment of any inspection (related investigative actions) required by this AD, and Boeing Alert Service Bulletin 767–53A0267, dated August 13, 2015, specifies to contact Boeing for repair instructions: Before further flight, repair in accordance with the procedures specified in paragraph (j) of this AD. (i) Exception to the Service Information Where Boeing Alert Service Bulletin 767– 53A0267, dated August 13, 2015, specifies a compliance time ‘‘after the original issue date of this service bulletin,’’ this AD requires compliance within the specified time after the effective date of this AD. (j) 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 (k)(1) 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, modification, or alteration 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 method, modification deviation, or alteration deviation must meet the certification basis of the airplane, and the approval must specifically refer to this AD. (4) Except as required by paragraph (h) of this AD: For service information that contains steps that are labeled as Required for Compliance (RC), the provisions of paragraphs (j)(4)(i) and (j)(4)(ii) apply. (i) The steps labeled as RC, including substeps under an RC step and any figures identified in an RC step, must be done to comply with the AD. An AMOC is required for any deviations to RC steps, including substeps and identified figures. (ii) Steps not labeled as RC may be deviated from using accepted methods in accordance with the operator’s maintenance or inspection program without obtaining PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 8671 approval of an AMOC, provided the RC steps, including substeps and identified figures, can still be done as specified, and the airplane can be put back in an airworthy condition. (k) Related Information (1) For more information about this AD, contact Wayne Lockett, Aerospace Engineer, Airframe Branch, ANM–120S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057–3356; phone: 425–917–6447; fax: 425–917–6590; email: wayne.lockett@faa.gov. (2) 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 February 9, 2016. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2016–03466 Filed 2–19–16; 8:45 am] BILLING CODE 4910–13–P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 14 CFR Part 1274 [NASA Case 2015–N014] RIN 2700–AE25 Cooperative Agreements With Commercial Firms National Aeronautics and Space Administration. ACTION: Proposed rule. AGENCY: NASA is proposing to amend its regulations to implement section 872 of the National Defense Authorization Act for Fiscal Year 2009, as the statute applies to grants and cooperative agreements. The revision is part of NASA’s retrospective plan under Executive Order (EO) 13563 completed in August 2011. DATES: Comments on the proposed rule should be submitted in writing to the address shown below on or before April 22, 2016, to be considered in the formation of a final rule. ADDRESSES: Submit comments identified by NASA Case 2015–N014, using any of the following methods: Æ Regulations.gov: https:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by entering ‘‘NASA Case 2015–N014’’ under the heading ‘‘Enter keyword or SUMMARY: E:\FR\FM\22FEP1.SGM 22FEP1

Agencies

[Federal Register Volume 81, Number 34 (Monday, February 22, 2016)]
[Proposed Rules]
[Pages 8668-8671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03466]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-3698; Directorate Identifier 2015-NM-138-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 adopt a new airworthiness directive (AD) for 
certain The Boeing Company Model 767-200 and -300 series airplanes. 
This proposed AD was prompted by an evaluation by the design approval 
holder (DAH) indicating that the aft pressure bulkhead at a certain 
area is subject to widespread fatigue damage (WFD). This proposed AD 
would require replacing the aft pressure bulkhead with a new, improved 
aft pressure bulkhead, and doing related investigative and corrective 
actions if necessary. We are proposing this AD to prevent fatigue 
cracking in the radial web lap splices of the aft pressure bulkhead. 
Such cracking could result in rapid decompression and consequent 
reduced structural integrity of the airplane.

DATES: We must receive comments on this proposed AD by April 7, 2016.

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 https://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 NPRM, contact Boeing 
Commercial

[[Page 8669]]

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. It is also 
available on the Internet at https://www.regulations.gov by searching 
for and locating Docket No. FAA-2016-3698.

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-2016-
3698; 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: Wayne Lockett, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office 
(ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6447; fax: 425-917-6590; email: wayne.lockett@faa.gov.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2016-3698; 
Directorate Identifier 2015-NM-138-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 https://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

    Structural fatigue damage is progressive. It begins as minute 
cracks, and those cracks grow under the action of repeated stresses. 
This can happen because of normal operational conditions and design 
attributes, or because of isolated situations or incidents such as 
material defects, poor fabrication quality, or corrosion pits, dings, 
or scratches. Fatigue damage can occur locally, in small areas or 
structural design details, or globally. Global fatigue damage is 
general degradation of large areas of structure with similar structural 
details and stress levels. Multiple-site damage is global damage that 
occurs in a large structural element such as a single rivet line of a 
lap splice joining two large skin panels. Global damage can also occur 
in multiple elements such as adjacent frames or stringers. Multiple-
site-damage and multiple-element-damage cracks are typically too small 
initially to be reliably detected with normal inspection methods. 
Without intervention, these cracks will grow, and eventually compromise 
the structural integrity of the airplane, in a condition known as WFD. 
As an airplane ages, WFD will likely occur, and will certainly occur if 
the airplane is operated long enough without any intervention.
    The FAA's WFD final rule (75 FR 69746, November 15, 2010) became 
effective on January 14, 2011. The WFD rule requires certain actions to 
prevent structural failure due to WFD throughout the operational life 
of certain existing transport category airplanes and all of these 
airplanes that will be certificated in the future. For existing and 
future airplanes subject to the WFD rule, the rule requires that DAHs 
establish a limit of validity (LOV) of the engineering data that 
support the structural maintenance program. Operators affected by the 
WFD rule may not fly an airplane beyond its LOV, unless an extended LOV 
is approved.
    The WFD rule (75 FR 69746, November 15, 2010) does not require 
identifying and developing maintenance actions if the DAHs can show 
that such actions are not necessary to prevent WFD before the airplane 
reaches the LOV. Many LOVs, however, do depend on accomplishment of 
future maintenance actions. As stated in the WFD rule, any maintenance 
actions necessary to reach the LOV will be mandated by airworthiness 
directives through separate rulemaking actions.
    In the context of WFD, this action is necessary to enable DAHs to 
propose LOVs that allow operators the longest operational lives for 
their airplanes, and still ensure that WFD will not occur. This 
approach allows for an implementation strategy that provides 
flexibility to DAHs in determining the timing of service information 
development (with FAA approval), while providing operators with 
certainty regarding the LOV applicable to their airplanes.
    We have determined that the aft pressure bulkhead at Station 1582 
is subject to WFD. If fatigue cracking in the radial web lap splices of 
the aft pressure bulkhead is not found and repaired, the cracks can 
rapidly link up and become large, which could result in rapid 
decompression and consequent reduced structural integrity of the 
airplane.

Related Rulemaking

    On February 25, 2004, we issued AD 2004-05-16, Amendment 39-13511 
(69 FR 10917, March 9, 2004), applicable to certain Boeing Model 767-
200 and -300 series airplanes. That AD requires repetitive inspections 
of the aft pressure bulkhead web, and corrective action, if necessary. 
The actions required by AD 2004-05-16 are intended to detect and 
correct fatigue cracks in the aft pressure bulkhead web, which could 
result in uncontrolled rapid decompression.
    On July 1, 2004, we issued AD 2004-14-19, Amendment 39-13728 (69 FR 
42549, July 16, 2004), applicable to all Boeing Model 767 series 
airplanes. That AD requires repetitive detailed inspections of the aft 
pressure bulkhead for indications of ``oil cans'' and previous ``oil 
can'' repairs, and corrective actions if necessary. The actions 
required by AD 2004-14-19 are intended to detect and correct the 
propagation of fatigue cracks in the vicinity of ``oil cans'' on the 
web of the aft pressure bulkhead, which could result in rapid 
decompression of the passenger cabin, possible damage or interference 
with the airplane control systems that pass through the bulkhead, and 
consequent loss of control of the airplane.
    On March 12, 2009, we issued AD 2009-06-19, Amendment 39-15856 (74 
FR 12243, March 24, 2009), applicable to certain Boeing Model 767-200 
and 767-300 series airplanes. That AD requires detailed inspections of 
the aft pressure bulkhead for damage, mid-frequency eddy current (MFEC) 
and low frequency eddy current (LFEC) inspections of radial web lap 
splices, tear strap splices, and super tear strap splices for cracking, 
and corrective actions if necessary. The actions required by AD 2009-
06-19 are intended to detect and correct fatigue

[[Page 8670]]

cracks of the aft pressure bulkhead, which could result in rapid 
decompression of the passenger compartment and possible damage or 
interference with airplane control systems that penetrate the bulkhead, 
and consequent loss of controllability of the airplane.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 767-53A0267, dated August 
13, 2015. The service information describes procedures for replacing 
the aft pressure bulkhead at Station 1582 of Section 48 with a new, 
improved aft pressure bulkhead, including all applicable related 
investigative and corrective actions. This service information is 
reasonably available because the interested parties have access to it 
through their normal course of business or by the means identified in 
the ADDRESSES section.

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

    This proposed AD would require accomplishing the actions specified 
in the service information described previously, except as discussed 
under ``Difference Between this Proposed AD and the Service 
Information.'' For information on the procedures and compliance times, 
see this service information at https://www.regulations.gov by searching 
for and locating Docket No. FAA-2016-3698.
    The phrase ``related investigative actions'' is used in this 
proposed AD. ``Related investigative actions'' are follow-on actions 
that (1) are related to the primary action, and (2) further investigate 
the nature of any condition found. Related investigative actions in an 
AD could include, for example, inspections.
    The phrase ``corrective actions'' is used in this proposed AD. 
``Corrective actions'' are actions that correct or address any 
condition found. Corrective actions in an AD could include, for 
example, repairs.

Difference Between This 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 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 replacement specified in this proposed 
AD for addressing WFD was established to ensure that discrepant 
structure is replaced 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 86 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Replacement.........................  1,541 work-hours x $85         $646,889         $777,874      $66,897,164
                                       per hour = $130,985.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition investigative and corrective 
actions specified in this proposed AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We 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 this 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.

[[Page 8671]]

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

The Boeing Company: Docket No. FAA-2016-3698; Directorate Identifier 
2015-NM-138-AD.

(a) Comments Due Date

    We must receive comments by April 7, 2016.

(b) Affected ADs

    This AD affects the ADs specified in paragraphs (b)(1), (b)(2), 
and (b)(3) of this AD.
    (1) AD 2004-05-16, Amendment 39-13511 (69 FR 10917, March 9, 
2004).
    (2) AD 2004-14-19, Amendment 39-13728 (69 FR 42549, July 16, 
2004).
    (3) AD 2009-06-19, Amendment 39-15856 (74 FR 12243, March 24, 
2009).

(c) Applicability

    This AD applies to The Boeing Company Model 767-200 and -300 
series airplanes, certificated in any category, as identified in 
Boeing Alert Service Bulletin 767-53A0267, dated August 13, 2015.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by an evaluation by the design approval 
holder (DAH) indicating that the aft pressure bulkhead at Station 
1582 is subject to widespread fatigue damage (WFD). We are issuing 
this AD to prevent fatigue cracking in the radial web lap splices of 
the aft pressure bulkhead. Such cracking could result in rapid 
decompression and consequent reduced structural integrity of the 
airplane.

(f) Compliance

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

(g) Replacement and Related Investigative and Corrective Actions

    Before the accumulation of 60,000 total flight cycles, or within 
36 months after the effective date of this AD, whichever occurs 
later, but not earlier than 37,500 total accumulated flight cycles: 
Replace the aft pressure bulkhead at Station 1582 of Section 48 with 
a new, improved aft pressure bulkhead, and perform all applicable 
related investigative and corrective actions, in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin 767-
53A0267, dated August 13, 2015; except as required by paragraph (h) 
of this AD. Do all applicable related investigative and corrective 
actions before further flight. Accomplishing the replacement in this 
paragraph terminates the repetitive inspections of the aft pressure 
bulkhead required by the ADs identified in paragraphs (g)(1), 
(g)(2), and (g)(3) of this AD.
    (1) Paragraphs (a) and (b) of AD 2004-05-16, Amendment 39-13511 
(69 FR 10917, March 9, 2004).
    (2) Paragraphs (b), (c), and (d) of AD 2004-14-19, Amendment 39-
13728 (69 FR 42549, July 16, 2004).
    (3) Paragraph (f) of AD 2009-06-19, Amendment 39-15856 (74 FR 
12243, March 24, 2009).

(h) Corrective Actions

    If any defect (e.g., rifling, gouging, nicks, or burrs, or 
excessive surface roughness) is found in any fastener hole (other 
than normally produced during a typical reaming operation), during 
accomplishment of any inspection (related investigative actions) 
required by this AD, and Boeing Alert Service Bulletin 767-53A0267, 
dated August 13, 2015, specifies to contact Boeing for repair 
instructions: Before further flight, repair in accordance with the 
procedures specified in paragraph (j) of this AD.

(i) Exception to the Service Information

    Where Boeing Alert Service Bulletin 767-53A0267, dated August 
13, 2015, specifies a compliance time ``after the original issue 
date of this service bulletin,'' this AD requires compliance within 
the specified time after the effective date of this AD.

(j) 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 (k)(1) 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, modification, or alteration 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 method, modification deviation, or 
alteration deviation must meet the certification basis of the 
airplane, and the approval must specifically refer to this AD.
    (4) Except as required by paragraph (h) of this AD: For service 
information that contains steps that are labeled as Required for 
Compliance (RC), the provisions of paragraphs (j)(4)(i) and 
(j)(4)(ii) apply.
    (i) The steps labeled as RC, including substeps under an RC step 
and any figures identified in an RC step, must be done to comply 
with the AD. An AMOC is required for any deviations to RC steps, 
including substeps and identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted 
methods in accordance with the operator's maintenance or inspection 
program without obtaining approval of an AMOC, provided the RC 
steps, including substeps and identified figures, can still be done 
as specified, and the airplane can be put back in an airworthy 
condition.

(k) Related Information

    (1) For more information about this AD, contact Wayne Lockett, 
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft 
Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-
3356; phone: 425-917-6447; fax: 425-917-6590; email: 
wayne.lockett@faa.gov.
    (2) 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 February 9, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-03466 Filed 2-19-16; 8:45 am]
 BILLING CODE 4910-13-P
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