Airworthiness Directives; The Boeing Company Airplanes, 41429-41432 [2016-14752]

Download as PDF Lhorne on DSK30JT082PROD with RULES Federal Register / Vol. 81, No. 123 / Monday, June 27, 2016 / Rules and Regulations Loans, Economic Injury Disaster Loans, Military Reservist Economic Injury Disaster Loans, and Immediate Disaster Assistance Program loans. The following principles apply for the Business Loan, Disaster Loan, and Surety Bond Guarantee Programs: (1) Affiliation based on ownership. For determining affiliation based on equity ownership, a concern is an affiliate of an individual, concern, or entity that owns or has the power to control more than 50 percent of the concern’s voting equity. If no individual, concern, or entity is found to control, SBA will deem the Board of Directors or President or Chief Executive Officer (CEO) (or other officers, managing members, or partners who control the management of the concern) to be in control of the concern. SBA will deem a minority shareholder to be in control, if that individual or entity has the ability, under the concern’s charter, by-laws, or shareholder’s agreement, to prevent a quorum or otherwise block action by the board of directors or shareholders. (2) Affiliation arising under stock options, convertible securities, and agreements to merge. (i) In determining size, SBA considers stock options, convertible securities, and agreements to merge (including agreements in principle) to have a present effect on the power to control a concern. SBA treats such options, convertible securities, and agreements as though the rights granted have been exercised. (ii) Agreements to open or continue negotiations towards the possibility of a merger or a sale of stock at some later date are not considered ‘‘agreements in principle’’ and are thus not given present effect. (iii) Options, convertible securities, and agreements that are subject to conditions precedent which are incapable of fulfillment, speculative, conjectural, or unenforceable under state or Federal law, or where the probability of the transaction (or exercise of the rights) occurring is shown to be extremely remote, are not given present effect. (iv) An individual, concern or other entity that controls one or more other concerns cannot use options, convertible securities, or agreements to appear to terminate such control before actually doing so. SBA will not give present effect to individuals’, concerns’, or other entities’ ability to divest all or part of their ownership interest in order to avoid a finding of affiliation. (3) Affiliation based on management. Affiliation arises where the CEO or President of the applicant concern (or other officers, managing members, or VerDate Sep<11>2014 15:06 Jun 24, 2016 Jkt 238001 partners who control the management of the concern) also controls the management of one or more other concerns. Affiliation also arises where a single individual, concern, or entity that controls the Board of Directors or management of one concern also controls the Board of Directors or management of one of more other concerns. Affiliation also arises where a single individual, concern or entity controls the management of the applicant concern through a management agreement. (4) Affiliation based on identity of interest. Affiliation arises when there is an identity of interest between close relatives, as defined in 13 CFR 120.10, with identical or substantially, identical business or economic interests (such as where the close relatives operate concerns in the same or similar industry in the same geographic area). Where SBA determines that interests should be aggregated, an individual or firm may rebut that determination with evidence showing that the interests deemed to be one are in fact separate. (5) Affiliation based on franchise and license agreements. The restraints imposed on a franchisee or licensee by its franchise or license agreement generally will not be considered in determining whether the franchisor or licensor is affiliated with an applicant franchisee or licensee provided the applicant franchisee or licensee has the right to profit from its efforts and bears the risk of loss commensurate with ownership. SBA will only consider the franchise or license agreements of the applicant concern. (6) Determining the concern’s size. In determining the concern’s size, SBA counts the receipts, employees (§ 121.201), or the alternate size standard (if applicable) of the concern whose size is at issue and all of its domestic and foreign affiliates, regardless of whether the affiliates are organized for profit. (7) Exceptions to affiliation. For exceptions to affiliation, see 13 CFR 121.103(b). Maria Contreras-Sweet, Administrator. BILLING CODE 8025–01–P Frm 00019 Fmt 4700 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2015–4210; Directorate Identifier 2015–NM–067–AD; Amendment 39–18567; AD 2016–13–03] RIN 2120–AA64 Airworthiness Directives; The Boeing Company Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: We are adopting a new airworthiness directive (AD) for all The Boeing Company Model 767 airplanes. This AD was prompted by a determination that certain splice plate locations of the aft pressure bulkhead web are hidden and cannot be inspected using existing manufacturer service information. This AD requires repetitive open-hole high frequency eddy current (HFEC) inspections for cracking of the aft pressure bulkhead web. We are issuing this AD to detect and correct cracking in the aft pressure bulkhead web, which could result in rapid airplane decompression and loss of structural integrity. DATES: This AD is effective August 1, 2016. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of August 1, 2016. ADDRESSES: For service information identified in this final rule, 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 http:// www.regulations.gov by searching for and locating Docket No. FAA–2015– 4210. SUMMARY: Examining the AD Docket [FR Doc. 2016–14984 Filed 6–24–16; 8:45 am] PO 00000 41429 Sfmt 4700 You may examine the AD docket on the Internet at http:// www.regulations.gov by searching for and locating Docket No. FAA–2015– 4210, 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 E:\FR\FM\27JNR1.SGM 27JNR1 41430 Federal Register / Vol. 81, No. 123 / Monday, June 27, 2016 / Rules and Regulations contains this AD, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (phone: 800–647–5527) is Document Management Facility, U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: 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: Discussion We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to all The Boeing Company Model 767 airplanes. The NPRM published in the Federal Register on October 30, 2015 (80 FR 66841) (‘‘the NPRM’’). The NPRM was prompted by a determination that certain splice plate locations of the aft pressure bulkhead web are hidden and cannot be inspected using existing manufacturer service information. The NPRM proposed to require repetitive open-hole HFEC inspections for cracking of the aft pressure bulkhead web. We are issuing this AD to detect and correct cracking in the aft pressure bulkhead web, which could result in rapid airplane decompression and loss of structural integrity. Comments We gave the public the opportunity to participate in developing this AD. The following presents the comments received on the NPRM and the FAA’s response to each comment. Lhorne on DSK30JT082PROD with RULES Support of the AD FedEx, United Airlines, and United Parcel Service comments supported the NPRM. Effect of Winglets on Accomplishment of the Proposed Actions Aviation Partners Boeing stated that accomplishing the supplemental type certificate (STC) ST01920SE does not affect the actions specified in the NPRM. We concur with the commenter. We have redesignated paragraph (c) of the proposed AD as (c)(1) and added a new paragraph (c)(2) to this AD to state that installation of STC ST01920SE (http:// rgl.faa.gov/Regulatory_and_Guidance_ Library/rgstc.nsf/0/ VerDate Sep<11>2014 15:06 Jun 24, 2016 Jkt 238001 59027f43b9a7486e86257b1d006591ee/ $FILE/ST01920SE.pdf) does not affect the ability to accomplish the actions required by this final rule. Therefore, for airplanes on which STC ST01920SE is installed, a ‘‘change in product’’ alternative method of compliance (AMOC) approval request is not necessary to comply with the requirements of 14 CFR 39.17. Request for Clarification of Applicability in the Service Information Vision Airlines requested clarification on the effectivity in the service information. Vision Airlines stated that the airplane group numbers, line numbers, and configurations do not cover all airplanes that are identified in Boeing Alert Service Bulletin 767– 53A0266, dated April 20, 2015. More specifically, Vision Airlines stated that there is no mention in paragraph 1.E., ‘‘Compliance,’’ of Boeing Alert Service Bulletin 767–53A0266, dated April 20, 2015, of airplane line numbers 1–175 that have not had the aft pressure bulkhead replaced. Vision Airlines did receive guidance from Boeing stating that line numbers 1–175 without the replaced aft pressure bulkhead should use Boeing Alert Service Bulletin 767– 53A0026, Revision 5, dated January 29, 2004, which is mandated by AD 2005– 03–11, Amendment 39–13967 (70 FR 7174, February 11, 2005); corrected March 11, 2005 (70 FR 12119). We partially agree. We agree that the table on page 7 of Boeing Alert Service Bulletin 767–53A0266, dated April 20, 2015, may be confusing. However, page 7 is part of the Summary section of Boeing Alert Service Bulletin 767– 53A0266, dated April 20, 2015, and is not mandated by this AD. This AD requires using the effectivity information specified in paragraph 1.E.,’’Compliance’’ of Boeing Alert Service Bulletin 767–53A0266, dated April 20, 2015, which is correct in the identification of the Group 1 airplanes. The Group 1 airplanes are all line number 1–175 airplanes on which the aft pressure bulkhead was replaced in accordance with Boeing Alert Service Bulletin 767–53A0139, November 12, 2009. If any of these airplanes have not yet had the aft pressure bulkhead replaced as required by AD 2012–09–08, Amendment 39–17043, (77 FR 28240, May 14 2012) (‘‘AD 2012–09–08’’), then they are not yet a Group 1 airplane and are not subject to the requirements this of this AD until the aft pressure bulkhead is replaced. We have not changed this AD in this regard. PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 Request To Add ADs to Paragraph (b) of the Proposed AD Boeing requested that we add AD 2004–05–16, Amendment 39–13511, (69 FR 10917, March 9, 2004) (‘‘AD 2004– 05–16’’), AD 2012–09–08, and AD 2014– 14–04, Amendment 39–17899 (79 FR 44673, August 1, 2014) (‘‘AD 2014–14– 04’’) to paragraph (b) of the proposed AD. Boeing stated that these ADs do not specifically address the splice plate locations, but the inspection areas defined in these ADs can be interpreted to cover these locations. Boeing noted that Boeing Alert Service Bulletin 767– 53A0266, dated April 20, 2015, provides information on FAA-approved AMOCs for ADs 2004–05–16, 2012–09–08, and 2014–14–04. We partially agree. We agree that ADs 2004–05–16, 2012–09–08, and 2014–14– 04 are ‘‘related’’ to this AD because Boeing Alert Service Bulletin 767– 53A0266, dated April 20, 2015, provides information on FAA-approved AMOCs that could be used for compliance with ADs 2004–05–16, 2012–09–08, and 2014–14–04. However, we do not agree to revise paragraph (b) of this AD because it identifies ‘‘affected’’ ADs, and ADs 2004–05–16, 2012–09–08, and 2014–14–04 are not affected by the requirements of this AD. For example, the requirements of ADs 2004–05–16, 2012–09–08, and 2014–14–04 are not terminated by any requirements of this AD. We have not changed this AD in this regard. Request for Clarification of the Terminating Actions in Paragraph (h) of the Proposed AD Boeing requested that we clarify the terminating actions in paragraph (h) of the proposed AD. Boeing stated that the existing AD language is vague, and suggested changing the last sentence of paragraph (h) to specify the type of repair as a ‘‘reinforcing repair.’’ Boeing pointed out that Boeing Alert Service Bulletin 767–53A0266, dated April 20, 2015, provides information on specific AMOCs for existing repairs with damage tolerance evaluation and approval from Boeing. Boeing asserted that under the existing language non-reinforcing repairs such as hole enlargements and blending would terminate any inspections in the area and might not be correctly evaluated per 14 CFR 26.43. We agree that non-reinforcing repairs are not an acceptable method to terminate the repetitive inspections. We have revised paragraph (h) of this AD accordingly. Conclusion We reviewed the relevant data, considered the comments received, and E:\FR\FM\27JNR1.SGM 27JNR1 Federal Register / Vol. 81, No. 123 / Monday, June 27, 2016 / Rules and Regulations determined that air safety and the public interest require adopting this AD with the changes described previously and minor editorial changes. We have determined that these minor changes: • Are consistent with the intent that was proposed in the NPRM for correcting the unsafe condition; and • Do not add any additional burden upon the public than was already proposed in the NPRM. We also determined that these changes will not increase the economic burden on any operator or increase the scope of this AD. Related Service Information Under 1 CFR Part 51 We reviewed Boeing Alert Service Bulletin 767–53A0266, dated April 20, 2015. The service information describes procedures for removing the aft row of fasteners from each of the splice plates and doing an open-hole HFEC inspection for cracking in the aft pressure bulkhead at station 1582. This 41431 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. Costs of Compliance We estimate that this AD affects 430 airplanes of U.S. registry. We estimate the following costs to comply with this AD: ESTIMATED COSTS Action Repetitive inspections ............ Labor cost Up to 46 work-hours × $85 per hour = $3,910 per inspection cycle. We have received no definitive data that would enable us to provide cost estimates for the on-condition actions specified in this AD. Lhorne on DSK30JT082PROD with RULES Authority for This Rulemaking Title 49 of the United States Code specifies the FAA’s authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency’s authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: ‘‘General requirements.’’ Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings This AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866, (2) Is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979), VerDate Sep<11>2014 15:06 Jun 24, 2016 Parts cost Jkt 238001 Cost per product $0 Up to $3,910 per inspection cycle. (3) Will not affect intrastate aviation in Alaska, and (4) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 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): ■ 2016–13–03 The Boeing Company: Amendment 39–18567; Docket No. FAA–2015–4210; Directorate Identifier 2015–NM–067–AD. (a) Effective Date This AD is effective August 1, 2016. (b) Affected ADs None. (c) Applicability (1) This AD applies to all The Boeing Company Model 767–200, –300, –300F, and –400ER series airplanes, certificated in any category. (2) Installation of Supplemental Type Certificate (STC) [STC ST01920SE (http:// rgl.faa.gov/Regulatory_and_Guidance_ PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 Cost on U.S. operators Up to $1,681,300 per inspection cycle. Library/rgstc.nsf/0/ 59027f43b9a7486e86257b1d006591ee/$FILE/ ST01920SE.pdf) does not affect the ability to accomplish the actions required by this AD. Therefore, for airplanes on which STC ST01920SE is installed, a ‘‘change in product’’ alternative method of compliance (AMOC) approval request is not necessary to comply with the requirements of 14 CFR 39.17. (d) Subject Air Transport Association (ATA) of America Code 53, Fuselage. (e) Unsafe Condition This AD was prompted by a determination that certain splice plate locations of the aft pressure bulkhead web are hidden and cannot be inspected using existing manufacturer service information. We are issuing this AD to detect and correct cracking in the aft pressure bulkhead web, which could result in rapid airplane decompression and loss of structural integrity. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Inspections of Station (STA) 1582 Aft Pressure Bulkhead Web Under the Pressure Slice Plates At the applicable times specified in Table 1 and Table 2 of paragraph 1.E., ‘‘Compliance,’’ of Boeing Alert Service Bulletin 767–53A0266, dated April 20, 2015, except as required by paragraph (i) of this AD: Do an open-hole high frequency eddy current (HFEC) inspection for cracking in the aft pressure bulkhead web at STA 1582, and do all applicable corrective actions, in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 767–53A0266, dated April 20, 2015, except as required by paragraph (h) of this AD. Do all applicable corrective actions before further flight. Repeat the inspections thereafter at intervals not to exceed 12,000 flight cycles. E:\FR\FM\27JNR1.SGM 27JNR1 41432 Federal Register / Vol. 81, No. 123 / Monday, June 27, 2016 / Rules and Regulations (h) Repair If any crack is found during any inspection required by this AD, and Boeing Alert Service Bulletin 767–53A0266, dated April 20, 2015, specifies to contact Boeing for repair instructions: Before further flight, repair the crack in accordance with the procedures specified in paragraph (j) of this AD. Accomplishing a reinforcing repair terminates the inspections required by paragraph (g) of this AD in the area under the repair only. Lhorne on DSK30JT082PROD with RULES (i) Exceptions to the Service Information Where Boeing Alert Service Bulletin 767– 53A0266, dated April 20, 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) of this AD. Information may be emailed to: 9-ANM-Seattle-ACO-AMOCRequests@faa.gov. (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/ certificate holding district office. (3) An AMOC that provides an acceptable level of safety may be used for any repair required by this AD if it is approved by the Boeing Commercial Airplanes Organization Designation Authorization (ODA) that has been authorized by the Manager, Seattle ACO, to make those findings. For a repair method to be approved, the repair must meet the certification basis of the airplane, and the approval must specifically refer to this AD. (4) 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 For more information about this AD, contact Wayne Lockett, Aerospace Engineer, Airframe Branch, ANM–120S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind VerDate Sep<11>2014 15:06 Jun 24, 2016 Jkt 238001 Avenue SW., Renton, WA 98057–3356; phone: 425–917–6447; fax: 425–917–6590; email: wayne.lockett@faa.gov. (l) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise. (i) Boeing Alert Service Bulletin 767– 53A0266, dated April 20, 2015. (ii) Reserved. (3) For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H–65, Seattle, WA 98124–2207; telephone 206– 544–5000, extension 1; fax 206–766–5680; Internet https://www.myboeingfleet.com. (4) 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. (5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http:// www.archives.gov/federal-register/cfr/ibrlocations.html. Issued in Renton, Washington, on June 14, 2016. Dionne Palermo, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. revision of the applicable airplane flight manual (AFM), repetitive inspections of the horizontal stabilizer de-icing boots, and applicable corrective actions. We are issuing this AD to detect and correct damage of the de-icing boot; such damage could lead to a ruptured boot, severe vibrations, and possible reduced control of the airplane. DATES: This AD is effective August 1, 2016. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of August 1, 2016. ADDRESSES: For service information identified in this final rule, contact Saab AB, Saab Aeronautics, SE–581 88, ¨ Linkoping, Sweden; telephone +46 13 18 5591; fax +46 13 18 4874; email saab340techsupport@saabgroup.com; Internet http://www.saabgroup.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 http:// www.regulations.gov by searching for and locating Docket No. FAA–2015– 8432. Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. Examining the AD Docket You may examine the AD docket on the Internet at http:// www.regulations.gov by searching for and locating Docket No. FAA–2015– 8432; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone 800–647– 5527) is Docket Management Facility, U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Shahram Daneshmandi, Aerospace Engineer, International Branch, ANM– 116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057–3356; telephone (425) 227– 1112; fax (425) 227–1149. SUPPLEMENTARY INFORMATION: We are adopting a new airworthiness directive (AD) for certain Saab AB, Saab Aeronautics Model 340A (SAAB/SF340A) and SAAB 340B airplanes. This AD was prompted by reports of ruptured horizontal stabilizer de-icing boots. This AD requires a Discussion We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain Saab AB, Saab Aeronautics Model 340A (SAAB/ SF340A) and SAAB 340B airplanes. The [FR Doc. 2016–14752 Filed 6–24–16; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2015–8432; Directorate Identifier 2015–NM–100–AD; Amendment 39–18570; AD 2016–13–06] RIN 2120–AA64 Airworthiness Directives; Saab AB, Saab Aeronautics (Type Certificate Previously Held by Saab AB, Saab Aerosystems) Airplanes AGENCY: SUMMARY: PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\27JNR1.SGM 27JNR1

Agencies

[Federal Register Volume 81, Number 123 (Monday, June 27, 2016)]
[Rules and Regulations]
[Pages 41429-41432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14752]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-4210; Directorate Identifier 2015-NM-067-AD; 
Amendment 39-18567; AD 2016-13-03]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all The 
Boeing Company Model 767 airplanes. This AD was prompted by a 
determination that certain splice plate locations of the aft pressure 
bulkhead web are hidden and cannot be inspected using existing 
manufacturer service information. This AD requires repetitive open-hole 
high frequency eddy current (HFEC) inspections for cracking of the aft 
pressure bulkhead web. We are issuing this AD to detect and correct 
cracking in the aft pressure bulkhead web, which could result in rapid 
airplane decompression and loss of structural integrity.

DATES: This AD is effective August 1, 2016.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of August 1, 
2016.

ADDRESSES: For service information identified in this final rule, 
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 http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
4210.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
4210, 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

[[Page 41430]]

contains this AD, the regulatory evaluation, any comments received, and 
other information. The address for the Docket Office (phone: 800-647-
5527) is Document Management Facility, U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: 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: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to all The Boeing Company 
Model 767 airplanes. The NPRM published in the Federal Register on 
October 30, 2015 (80 FR 66841) (``the NPRM''). The NPRM was prompted by 
a determination that certain splice plate locations of the aft pressure 
bulkhead web are hidden and cannot be inspected using existing 
manufacturer service information. The NPRM proposed to require 
repetitive open-hole HFEC inspections for cracking of the aft pressure 
bulkhead web. We are issuing this AD to detect and correct cracking in 
the aft pressure bulkhead web, which could result in rapid airplane 
decompression and loss of structural integrity.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the NPRM and 
the FAA's response to each comment.

Support of the AD

    FedEx, United Airlines, and United Parcel Service comments 
supported the NPRM.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that accomplishing the supplemental 
type certificate (STC) ST01920SE does not affect the actions specified 
in the NPRM.
    We concur with the commenter. We have redesignated paragraph (c) of 
the proposed AD as (c)(1) and added a new paragraph (c)(2) to this AD 
to state that installation of STC ST01920SE (http://rgl.faa.gov/
Regulatory_and_Guidance_Library/rgstc.nsf/0/
59027f43b9a7486e86257b1d006591ee/$FILE/ST01920SE.pdf) does not affect 
the ability to accomplish the actions required by this final rule. 
Therefore, for airplanes on which STC ST01920SE is installed, a 
``change in product'' alternative method of compliance (AMOC) approval 
request is not necessary to comply with the requirements of 14 CFR 
39.17.

Request for Clarification of Applicability in the Service Information

    Vision Airlines requested clarification on the effectivity in the 
service information. Vision Airlines stated that the airplane group 
numbers, line numbers, and configurations do not cover all airplanes 
that are identified in Boeing Alert Service Bulletin 767-53A0266, dated 
April 20, 2015. More specifically, Vision Airlines stated that there is 
no mention in paragraph 1.E., ``Compliance,'' of Boeing Alert Service 
Bulletin 767-53A0266, dated April 20, 2015, of airplane line numbers 1-
175 that have not had the aft pressure bulkhead replaced. Vision 
Airlines did receive guidance from Boeing stating that line numbers 1-
175 without the replaced aft pressure bulkhead should use Boeing Alert 
Service Bulletin 767-53A0026, Revision 5, dated January 29, 2004, which 
is mandated by AD 2005-03-11, Amendment 39-13967 (70 FR 7174, February 
11, 2005); corrected March 11, 2005 (70 FR 12119).
    We partially agree. We agree that the table on page 7 of Boeing 
Alert Service Bulletin 767-53A0266, dated April 20, 2015, may be 
confusing. However, page 7 is part of the Summary section of Boeing 
Alert Service Bulletin 767-53A0266, dated April 20, 2015, and is not 
mandated by this AD. This AD requires using the effectivity information 
specified in paragraph 1.E.,''Compliance'' of Boeing Alert Service 
Bulletin 767-53A0266, dated April 20, 2015, which is correct in the 
identification of the Group 1 airplanes. The Group 1 airplanes are all 
line number 1-175 airplanes on which the aft pressure bulkhead was 
replaced in accordance with Boeing Alert Service Bulletin 767-53A0139, 
November 12, 2009. If any of these airplanes have not yet had the aft 
pressure bulkhead replaced as required by AD 2012-09-08, Amendment 39-
17043, (77 FR 28240, May 14 2012) (``AD 2012-09-08''), then they are 
not yet a Group 1 airplane and are not subject to the requirements this 
of this AD until the aft pressure bulkhead is replaced. We have not 
changed this AD in this regard.

Request To Add ADs to Paragraph (b) of the Proposed AD

    Boeing requested that we add AD 2004-05-16, Amendment 39-13511, (69 
FR 10917, March 9, 2004) (``AD 2004-05-16''), AD 2012-09-08, and AD 
2014-14-04, Amendment 39-17899 (79 FR 44673, August 1, 2014) (``AD 
2014-14-04'') to paragraph (b) of the proposed AD. Boeing stated that 
these ADs do not specifically address the splice plate locations, but 
the inspection areas defined in these ADs can be interpreted to cover 
these locations. Boeing noted that Boeing Alert Service Bulletin 767-
53A0266, dated April 20, 2015, provides information on FAA-approved 
AMOCs for ADs 2004-05-16, 2012-09-08, and 2014-14-04.
    We partially agree. We agree that ADs 2004-05-16, 2012-09-08, and 
2014-14-04 are ``related'' to this AD because Boeing Alert Service 
Bulletin 767-53A0266, dated April 20, 2015, provides information on 
FAA-approved AMOCs that could be used for compliance with ADs 2004-05-
16, 2012-09-08, and 2014-14-04. However, we do not agree to revise 
paragraph (b) of this AD because it identifies ``affected'' ADs, and 
ADs 2004-05-16, 2012-09-08, and 2014-14-04 are not affected by the 
requirements of this AD. For example, the requirements of ADs 2004-05-
16, 2012-09-08, and 2014-14-04 are not terminated by any requirements 
of this AD. We have not changed this AD in this regard.

Request for Clarification of the Terminating Actions in Paragraph (h) 
of the Proposed AD

    Boeing requested that we clarify the terminating actions in 
paragraph (h) of the proposed AD. Boeing stated that the existing AD 
language is vague, and suggested changing the last sentence of 
paragraph (h) to specify the type of repair as a ``reinforcing 
repair.'' Boeing pointed out that Boeing Alert Service Bulletin 767-
53A0266, dated April 20, 2015, provides information on specific AMOCs 
for existing repairs with damage tolerance evaluation and approval from 
Boeing. Boeing asserted that under the existing language non-
reinforcing repairs such as hole enlargements and blending would 
terminate any inspections in the area and might not be correctly 
evaluated per 14 CFR 26.43.
    We agree that non-reinforcing repairs are not an acceptable method 
to terminate the repetitive inspections. We have revised paragraph (h) 
of this AD accordingly.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and

[[Page 41431]]

determined that air safety and the public interest require adopting 
this AD with the changes described previously and minor editorial 
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 767-53A0266, dated April 
20, 2015. The service information describes procedures for removing the 
aft row of fasteners from each of the splice plates and doing an open-
hole HFEC inspection for cracking in the aft pressure bulkhead at 
station 1582. 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.

Costs of Compliance

    We estimate that this AD affects 430 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Repetitive inspections...........  Up to 46 work-hours              $0  Up to $3,910 per     Up to $1,681,300
                                    x $85 per hour =                     inspection cycle.    per inspection
                                    $3,910 per                                                cycle.
                                    inspection cycle.
----------------------------------------------------------------------------------------------------------------

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

Authority for This Rulemaking

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

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD will not have a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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


Sec.  39.13  [Amended]

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

2016-13-03 The Boeing Company: Amendment 39-18567; Docket No. FAA-
2015-4210; Directorate Identifier 2015-NM-067-AD.

(a) Effective Date

    This AD is effective August 1, 2016.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to all The Boeing Company Model 767-200, -
300, -300F, and -400ER series airplanes, certificated in any 
category.
    (2) Installation of Supplemental Type Certificate (STC) [STC 
ST01920SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/
rgstc.nsf/0/59027f43b9a7486e86257b1d006591ee/$FILE/ST01920SE.pdf) 
does not affect the ability to accomplish the actions required by 
this AD. Therefore, for airplanes on which STC ST01920SE is 
installed, a ``change in product'' alternative method of compliance 
(AMOC) approval request is not necessary to comply with the 
requirements of 14 CFR 39.17.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a determination that certain splice 
plate locations of the aft pressure bulkhead web are hidden and 
cannot be inspected using existing manufacturer service information. 
We are issuing this AD to detect and correct cracking in the aft 
pressure bulkhead web, which could result in rapid airplane 
decompression and loss of structural integrity.

(f) Compliance

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

(g) Inspections of Station (STA) 1582 Aft Pressure Bulkhead Web Under 
the Pressure Slice Plates

    At the applicable times specified in Table 1 and Table 2 of 
paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin 
767-53A0266, dated April 20, 2015, except as required by paragraph 
(i) of this AD: Do an open-hole high frequency eddy current (HFEC) 
inspection for cracking in the aft pressure bulkhead web at STA 
1582, and do all applicable corrective actions, in accordance with 
the Accomplishment Instructions of Boeing Alert Service Bulletin 
767-53A0266, dated April 20, 2015, except as required by paragraph 
(h) of this AD. Do all applicable corrective actions before further 
flight. Repeat the inspections thereafter at intervals not to exceed 
12,000 flight cycles.

[[Page 41432]]

(h) Repair

    If any crack is found during any inspection required by this AD, 
and Boeing Alert Service Bulletin 767-53A0266, dated April 20, 2015, 
specifies to contact Boeing for repair instructions: Before further 
flight, repair the crack in accordance with the procedures specified 
in paragraph (j) of this AD. Accomplishing a reinforcing repair 
terminates the inspections required by paragraph (g) of this AD in 
the area under the repair only.

(i) Exceptions to the Service Information

    Where Boeing Alert Service Bulletin 767-53A0266, dated April 20, 
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) of this AD. 
Information may be emailed to: 9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.
    (3) An AMOC that provides an acceptable level of safety may be 
used for any repair required by this AD if it is approved by the 
Boeing Commercial Airplanes Organization Designation Authorization 
(ODA) that has been authorized by the Manager, Seattle ACO, to make 
those findings. For a repair method to be approved, the repair must 
meet the certification basis of the airplane, and the approval must 
specifically refer to this AD.
    (4) 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

    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.

 (l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Alert Service Bulletin 767-53A0266, dated April 20, 
2015.
    (ii) Reserved.
    (3) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com.
    (4) 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.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on June 14, 2016.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-14752 Filed 6-24-16; 8:45 am]
 BILLING CODE 4910-13-P