Airworthiness Directives; The Boeing Company Airplanes, 12047-12050 [2016-04931]
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Federal Register / Vol. 81, No. 45 / Tuesday, March 8, 2016 / Proposed Rules
Note 5 to paragraph (i) of this AD: An
additional source of guidance for the actions
specified in paragraph (i) of this AD can be
found in BAE Systems (Operations) Limited
Inspection Service Bulletin ISB.53–237,
Revision 1, dated April 2, 2013.
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
(j) New Requirement of This AD: No
Alternative Actions, Intervals, and
CDCCLs
After accomplishment of the revision
required by paragraph (i) of this AD, no
alternative actions (e.g., inspections),
intervals, and CDCCLs may be used,
unless the actions, intervals, and
CDCCLs are approved as an AMOC in
accordance with the procedures
specified in paragraph (k)(1) of this AD.
(k) Other FAA AD Provisions
The following provisions also apply
to this AD:
(1) Alternative Methods of
Compliance (AMOCs): The Manager,
International Branch, ANM–116, 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 International Branch,
send it to ATTN: Todd Thompson,
Aerospace Engineer, International
Branch, ANM–116, Transport Airplane
Directorate, FAA, 1601 Lind Avenue
SW., Renton, Washington 98057–3356;
telephone: 425–227–1175; fax: 425–
227–1149. 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. The
AMOC approval letter must specifically
reference this AD.
(2) Contacting the Manufacturer: As
of the effective date of this AD, for any
requirement in this AD to obtain
corrective actions from a manufacturer,
the action must be accomplished using
a method approved by the Manager,
International Branch, ANM–116,
Transport Airplane Directorate, FAA; or
the European Aviation Safety Agency
(EASA); or BAE Systems (Operations)
Limited’s EASA Design Organization
Approval (DOA). If approved by the
DOA, the approval must include the
DOA-authorized signature.
(l) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI)
EASA Airworthiness Directive 2014–
0071, dated March 19, 2014, for related
information. This MCAI may be found
in the AD docket on the Internet at
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16:21 Mar 07, 2016
Jkt 238001
https://www.regulations.gov by searching
for and locating Docket No. FAA–2016–
4220.
(2) For service information identified
in this AD, contact BAE Systems
(Operations) Limited, Customer
Information Department, Prestwick
International Airport, Ayrshire, KA9
2RW, Scotland, United Kingdom;
telephone +44 1292 675207; fax +44
1292 675704; email
RApublications@baesystems.com;
Internet https://www.baesystems.com/
Businesses/RegionalAircraft/index.htm.
You may view this 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.
12047
[Docket No. FAA–2016–4221; Directorate
Identifier 2015–NM–167–AD]
We must receive comments on
this proposed AD by April 22, 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
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–
4221.
RIN 2120–AA64
Examining the AD Docket
Issued in Renton, Washington, on February
29, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2016–04932 Filed 3–7–16; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
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 all 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
web to pressure chord joint is subject to
widespread fatigue damage (WFD). This
proposed AD would require repetitive
high frequency eddy current (HFEC)
inspections of the aft pressure bulkhead
web, at fasteners common to the
bulkhead web and pressure chord,
around the entire circumference of the
pressure chord for any crack, and repair
of cracks. We are proposing this AD to
detect and correct cracks in the aft
pressure bulkhead web. Such cracking
could result in the loss of structural
integrity of the airplane.
SUMMARY:
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Fmt 4702
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DATES:
You may examine the AD docket on
the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2016–
4221; 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
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Federal Register / Vol. 81, No. 45 / Tuesday, March 8, 2016 / Proposed Rules
this proposal. Send your comments to
an address listed under the ADDRESSES
section. Include ‘‘Docket No. FAA–
2016–4221; Directorate Identifier 2015–
NM–167–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.
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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
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16:21 Mar 07, 2016
Jkt 238001
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.
The FAA has received a report
indicating that an evaluation by the
DAH has indicated that the aft pressure
bulkhead web to pressure chord joint is
subject to WFD. This condition, if not
corrected could result in cracks from the
aft pressure bulkhead web to pressure
chord joint and possible loss of
structural integrity of the airplane.
Related Service Information Under 1
CFR part 51
We reviewed Boeing Alert Service
Bulletin 767–53A0268, dated April 1,
2015. This service information describes
procedures for repetitive high frequency
eddy current (HFEC) inspections of all
visible locations of the aft pressure
bulkhead web, at fasteners common to
the bulkhead web and pressure chord,
and around the entire circumference of
the pressure chord for any crack, and
repair of cracks. This service
information is reasonably available
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Fmt 4702
Sfmt 4702
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
‘‘Differences 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–
4221.
Differences between This Proposed AD
and the Service Information
Boeing Alert Service Bulletin 767–
53A0268, dated April 1, 2015, 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.
The applicability in this proposed AD
is not limited to airplanes identified in
Boeing Alert Service Bulletin 767–
53A0268, dated April 1, 2015. That
service information does not contain a
comprehensive list of the airplanes that
are subject to the identified unsafe
condition. This proposed AD would
therefore apply to all Model 767–200
and –300 series airplanes.
Costs of Compliance
We estimate that this proposed AD
affects 296 airplanes of U.S. registry.
We estimate the following costs to
comply with this proposed AD:
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12049
ESTIMATED COSTS
Action
Labor cost
Parts cost
Cost per product
Inspection ....................................
57 work-hours × $85 per hour =
$4,845 per inspection cycle.
$0
$4,845
The size of any repair area needs to
be determined before material and
work-hour costs can be calculated. We
have received no definitive data that
would enable us to provide cost
estimates for the on-condition 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.
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
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.
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16:21 Mar 07, 2016
Jkt 238001
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.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
The Boeing Company: Docket No. FAA–
2016–4221; Directorate Identifier 2015–
NM–167–AD.
(a) Comments Due Date
We must receive comments by April 22,
2016.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all The Boeing
Company Model 767–200 and –300 series
airplanes, certificated in any category.
(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 web to
pressure chord joint is subject to widespread
fatigue damage (WFD). We are issuing this
AD to detect and correct cracks in the aft
pressure bulkhead web to pressure chord
joint which could result in the loss of
structural integrity of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Repetitive Inspections
Except as required by paragraph (h) of this
AD, at the applicable time specified in
paragraph 1.E., ‘‘Compliance,’’ of Boeing
Alert Service Bulletin 767–53A0268, dated
April 1, 2015, perform a surface high
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Fmt 4702
Sfmt 4702
Cost on U.S. operators
$1,434,120 per inspection cycle.
frequency eddy current (HFEC) inspection for
cracking of the aft pressure bulkhead web, at
fasteners common to the bulkhead web and
pressure chord, around the entire
circumference of the pressure chord, in
accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin
767–53A0268, dated April 1, 2015. For this
AD, Group 2, Configuration 2, as specified in
Boeing Alert Service Bulletin 767–53A0268,
dated April 1, 2015, includes airplanes with
the aft pressure bulkhead replaced as
specified in Boeing Alert Service Bulletin
767–53A0267. Repeat the inspection
thereafter at the applicable time specified in
paragraph 1.E., ‘‘Compliance,’’ of Boeing
Alert Service Bulletin 767–53A0268, dated
April 1, 2015.
(h) Service Information Exception
Where Boeing Alert Service Bulletin 767–
53A0268, dated April 1, 2015, specifies a
compliance time ‘‘after the original issue date
of this service bulletin,’’ this AD requires
compliance within the specified compliance
time after the effective date of this AD.
(i) Crack Repair
If any crack is found during any inspection
required by paragraph (g) of this AD, before
further flight, repair the crack using a method
approved in accordance with the procedures
specified in paragraph (j) of this AD.
Although Boeing Alert Service Bulletin 767–
53A0268, dated April 1, 2015, specifies to
contact Boeing for repair instructions, and
specifies that action as ‘‘RC’’ (Required for
Compliance), this AD requires repair as
specified in this paragraph. Installation of a
repair terminates the inspections required by
paragraph (g) of this AD in the area covered
by the repair only.
(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
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Federal Register / Vol. 81, No. 45 / Tuesday, March 8, 2016 / Proposed Rules
Commercial Airplanes Organization
Designation Authorization (ODA) that has
been authorized by the Manager, Seattle ACO
to make those findings. 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 (i) of
this AD: For service information that
contains steps that are labeled as 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
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
29, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane
Directorate Aircraft Certification Service.
[FR Doc. 2016–04931 Filed 3–7–16; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF STATE
22 CFR Part 41
[Public Notice: 9458]
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
RIN 1400–AD30
Visas: Documentation of
Nonimmigrants Under the Immigration
and Nationality Act, as Amended
Department of State.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Department of State
proposes to reinstate a temporarily
suspended amendment to its visa
SUMMARY:
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16:21 Mar 07, 2016
Jkt 238001
regulations to clarify procedures for
waiver of documentary requirements
due to an unforeseen emergency for
nonimmigrants seeking admission to the
United States.
DATES: Comments must be received on
or before May 9, 2016.
ADDRESSES: Internet: You may view this
proposed rule and submit your
comments by visiting the
Regulations.gov Web site at
www.regulations.gov, and searching for
docket number DOS–2016–0010.
FOR FURTHER INFORMATION CONTACT:
Lauren A. Boquin, Legislation and
Regulations Division, Legal Affairs,
Office of Visa Services, Bureau of
Consular Affairs, Department of State,
600 19th St NW., Washington, DC 20006
(202) 485–7638.
SUPPLEMENTARY INFORMATION:
Background
This rulemaking proposes to reinstate
a 1999 regulatory amendment that was
invalidated by court order in United
Airlines, Inc. v. Brien, 588 F.3d 158 (2d
Cir. 2009).
Pursuant to Section 212(a)(7)(B)(i) of
the Immigration and Nationality Act
(INA), a nonimmigrant is inadmissible
to the United States if he or she does not
present an unexpired passport and valid
visa at the time of application for
admission. 8 U.S.C. 1182(a)(7)(B)(i).
Either or both of these requirements
may be waived by the Secretary of
Homeland Security and the Secretary of
State, acting jointly, in specified
situations, as provided in INA section
212(d)(4) (8 U.S.C. 1182(d)(4)). One
circumstance in which this requirement
may be waived is when a nonimmigrant
is unable to present a valid visa or
unexpired passport due to an
unforeseen emergency. In accordance
with INA section 212(d)(4) (8 U.S.C.
1182(d)(4)), the Department of State and
the Department of Homeland Security
have consulted and are acting jointly to
propose amendments to 8 CFR 212.1
and 22 CFR 41.2.
Former Regulations
The Department of State and the
former Immigration and Naturalization
Service (INS) published parallel
regulations in 1994 to consolidate and
simplify procedures for processing
waivers of documentary requirements in
cases of emergency circumstances. INS
amended its regulation in 1996,
preserving its authority to impose fines
on carriers for transporting
nonimmigrants who did not present a
valid visa and passport, even in cases
where the INS granted a waiver. In
1999, the Department of State published
PO 00000
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Fmt 4702
Sfmt 4702
a regulation to accompany the INS
amendment, also allowing the INS to
fine carriers who transported
individuals who later received waivers
of the visa and passport requirement. In
a 2009 decision, the U.S. Court of
Appeals for the Second Circuit found
the 1999 State Department amendment
invalid as it lacked joint action and was
not promulgated with a period for
public notice and comment.
Accordingly, the Department of State
and DHS have consulted and are acting
jointly to propose reinstating the
amendments.
Because of the court’s ruling, the 1994
rule is in effect until the Department of
State issues a final rule. The 1994
version of the text, which is available to
the public through the Government
Printing Office, stipulated that in cases
of unforeseen emergencies, a visa and
passport are not required of an alien if,
either prior to the alien’s embarkation
abroad or upon arrival at a port of entry,
the responsible district director of the
Immigration and Naturalization Service
in charge of the port of entry concludes
that the alien is unable to present the
required documents because of an
unforeseen emergency. The 1994 rule
also stipulated that any waiver of the
visa or passport requirement may be
granted by the INS district director
pursuant to INA 212(d)(4)(A) without
the prior concurrence of the Department
of State in each case in which the
district director concludes that the
alien’s claim of emergency
circumstances is legitimate and bona
fide and that approval of the waiver
would be appropriate under all of the
attendant facts and circumstances.
The Department of Homeland
Security is proposing a parallel Notice
of Proposed Rulemaking to amend 8
CFR 212.1(g), published in today’s
Federal Register.
Regulatory Findings
A. Administrative Procedure Act
The Department is publishing this
notice of proposed rulemaking with a
60-day period of notice and comment.
B. Regulatory Flexibility Act/Executive
Order 13272: Small Business
The Department of State has reviewed
this regulation and certifies that this
rule will not have a significant
economic impact on a substantial
number of small entities.
C. The Unfunded Mandates Reform Act
of 1995
Section 202 of the Unfunded
Mandates Reform Act of 1995, Public
Law 104–4, 109 Stat. 48, 2 U.S.C. 1532,
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Agencies
[Federal Register Volume 81, Number 45 (Tuesday, March 8, 2016)]
[Proposed Rules]
[Pages 12047-12050]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04931]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2016-4221; Directorate Identifier 2015-NM-167-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 all
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 web to pressure chord
joint is subject to widespread fatigue damage (WFD). This proposed AD
would require repetitive high frequency eddy current (HFEC) inspections
of the aft pressure bulkhead web, at fasteners common to the bulkhead
web and pressure chord, around the entire circumference of the pressure
chord for any crack, and repair of cracks. We are proposing this AD to
detect and correct cracks in the aft pressure bulkhead web. Such
cracking could result in the loss of structural integrity of the
airplane.
DATES: We must receive comments on this proposed AD by April 22, 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 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-
4221.
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-
4221; 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
[[Page 12048]]
this proposal. Send your comments to an address listed under the
ADDRESSES section. Include ``Docket No. FAA-2016-4221; Directorate
Identifier 2015-NM-167-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.
The FAA has received a report indicating that an evaluation by the
DAH has indicated that the aft pressure bulkhead web to pressure chord
joint is subject to WFD. This condition, if not corrected could result
in cracks from the aft pressure bulkhead web to pressure chord joint
and possible loss of structural integrity of the airplane.
Related Service Information Under 1 CFR part 51
We reviewed Boeing Alert Service Bulletin 767-53A0268, dated April
1, 2015. This service information describes procedures for repetitive
high frequency eddy current (HFEC) inspections of all visible locations
of the aft pressure bulkhead web, at fasteners common to the bulkhead
web and pressure chord, and around the entire circumference of the
pressure chord for any crack, and repair of cracks. 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 ``Differences 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-2016-4221.
Differences between This Proposed AD and the Service Information
Boeing Alert Service Bulletin 767-53A0268, dated April 1, 2015,
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.
The applicability in this proposed AD is not limited to airplanes
identified in Boeing Alert Service Bulletin 767-53A0268, dated April 1,
2015. That service information does not contain a comprehensive list of
the airplanes that are subject to the identified unsafe condition. This
proposed AD would therefore apply to all Model 767-200 and -300 series
airplanes.
Costs of Compliance
We estimate that this proposed AD affects 296 airplanes of U.S.
registry.
We estimate the following costs to comply with this proposed AD:
[[Page 12049]]
Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cost per
Action Labor cost Parts cost product Cost on U.S. operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection........................... 57 work-hours x $85 per $0 $4,845 $1,434,120 per inspection cycle.
hour = $4,845 per
inspection cycle.
--------------------------------------------------------------------------------------------------------------------------------------------------------
The size of any repair area needs to be determined before material
and work-hour costs can be calculated. We have received no definitive
data that would enable us to provide cost estimates for the on-
condition 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.
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-2016-4221; Directorate Identifier
2015-NM-167-AD.
(a) Comments Due Date
We must receive comments by April 22, 2016.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all The Boeing Company Model 767-200 and -300
series airplanes, certificated in any category.
(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 web to
pressure chord joint is subject to widespread fatigue damage (WFD).
We are issuing this AD to detect and correct cracks in the aft
pressure bulkhead web to pressure chord joint which could result in
the loss of structural integrity of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Repetitive Inspections
Except as required by paragraph (h) of this AD, at the
applicable time specified in paragraph 1.E., ``Compliance,'' of
Boeing Alert Service Bulletin 767-53A0268, dated April 1, 2015,
perform a surface high frequency eddy current (HFEC) inspection for
cracking of the aft pressure bulkhead web, at fasteners common to
the bulkhead web and pressure chord, around the entire circumference
of the pressure chord, in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 767-53A0268, dated
April 1, 2015. For this AD, Group 2, Configuration 2, as specified
in Boeing Alert Service Bulletin 767-53A0268, dated April 1, 2015,
includes airplanes with the aft pressure bulkhead replaced as
specified in Boeing Alert Service Bulletin 767-53A0267. Repeat the
inspection thereafter at the applicable time specified in paragraph
1.E., ``Compliance,'' of Boeing Alert Service Bulletin 767-53A0268,
dated April 1, 2015.
(h) Service Information Exception
Where Boeing Alert Service Bulletin 767-53A0268, dated April 1,
2015, specifies a compliance time ``after the original issue date of
this service bulletin,'' this AD requires compliance within the
specified compliance time after the effective date of this AD.
(i) Crack Repair
If any crack is found during any inspection required by
paragraph (g) of this AD, before further flight, repair the crack
using a method approved in accordance with the procedures specified
in paragraph (j) of this AD. Although Boeing Alert Service Bulletin
767-53A0268, dated April 1, 2015, specifies to contact Boeing for
repair instructions, and specifies that action as ``RC'' (Required
for Compliance), this AD requires repair as specified in this
paragraph. Installation of a repair terminates the inspections
required by paragraph (g) of this AD in the area covered by the
repair only.
(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
[[Page 12050]]
Commercial Airplanes Organization Designation Authorization (ODA)
that has been authorized by the Manager, Seattle ACO to make those
findings. 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 (i) of this AD: For service
information that contains steps that are labeled as 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 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 29, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate Aircraft Certification
Service.
[FR Doc. 2016-04931 Filed 3-7-16; 8:45 am]
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