[Federal Register Volume 77, Number 122 (Monday, June 25, 2012)]
[Rules and Regulations]
[Pages 37770-37772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-14829]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0035; Directorate Identifier 2011-NM-178-AD; 
Amendment 39-17094; AD 2012-12-14]
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 certain 
The Boeing Company Model 767-200 and -300 series airplanes. This AD was 
prompted by reports of fatigue cracking on the lower main sill inner 
chord of the hatch opening of the overwing emergency exit. This AD 
requires repetitive inspections for cracking, corrosion damage, and any 
other irregularity of the lower main sill inner chord and surrounding 
structure, and repair if necessary. We are issuing this AD to detect 
and correct fatigue cracking on the lower main sill inner chord of the 
hatch opening of the overwing emergency exit, which could result in 
reduced structural integrity of the hatch opening of the overwing 
emergency exit and consequent rapid decompression of the airplane.

DATES: This AD is effective July 30, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of July 30, 
2012.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax 206-766-5680; email [email protected]; 
Internet https://www.myboeingfleet.com. You may review copies of the 
referenced service information at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue SW., Renton, Washington. For information 
on the availability of this material at the FAA, call 425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this 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: Berhane Alazar, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue SW., Renton, Washington 98057-3356; phone: 425-917-
6577; fax: 425-917-6590; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM published in the Federal Register on January 23, 2012 (77 FR 
3187). That NPRM proposed to require repetitive inspections for 
cracking, corrosion damage, and any other irregularity of the lower 
main sill inner chord and surrounding structure, and repair if 
necessary.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
(77 FR 3187, January 23, 2012) and the FAA's response to each comment.

Request To Clarify Terminating Action and Post-Repair Inspection 
Program

    Boeing requested that we revise the wording in paragraph (g) of the 
NPRM (77 FR 3187, January 23, 2012) to clarify that the AD terminates 
only the repetitive inspections required by the NPRM. Boeing also 
stated that the inspection area designated in the NPRM may be subject 
to other repetitive inspections following repairs done per another AD.
    All Nippon Airways (ANA) requested that we confirm that the post-
repair inspection program is not mandatory.
    Delta Air Lines (Delta) requested that the NPRM (77 FR 3187, 
January 23, 2012) be revised to include the use of the ``proactive'' 
doubler installations as a terminating action. Delta stated that 
paragraph (g) of the NPRM authorizes only the on-condition repair as a 
terminating action. Delta requested that we include a separate 
paragraph to define the terminating action provisions.

[[Page 37771]]

    We agree that clarification is needed. Other ADs require 
inspections of certain structure covered by this AD. The certification 
basis of the airplane includes damage tolerance inspections for these 
repairs, and they are already available in the service repair manual 
(SRM). The required SRM repairs include post-repair inspections. These 
inspections are required by the regulations identified in the 
certification basis of the airplane and other operational rules, and 
not by this AD. We have clarified the terminating action for the 
inspections in this AD by revising paragraph (g) of this AD and adding 
paragraph (h) to this AD. To further clarify, the ``proactive'' doubler 
installation and the on-condition repair both terminate the 
inspections.

Request To Clarify the Applicability Regarding the Installation of 
Winglets

    American Airlines (American) requested that we revise the NPRM (77 
FR 3187, January 23, 2012) to clearly state how the compliance times 
for airplanes covered by the applicability of the NPRM are affected by 
the installation of winglets. American stated that many operators have 
affected airplanes by this AD which have been modified to have 
winglets.
    Aviation Partners Boeing (APB) stated it has reviewed Boeing Alert 
Service Bulletin 767-53A0228, dated July 28, 2011, and the NPRM (77 FR 
3187, January 23, 2012) as it relates to the APB winglet supplemental 
type certificate (STC) ST01920SE and determined that the installation 
of the winglet STC does not affect this proposed rule. APB noted that 
data to support this comment is available from APB upon request from 
the FAA. We infer that APB is requesting that we clarify the effect of 
the STC on the proposed rule.
    We agree to clarify. The installation of winglets as specified in 
STC ST01920SE does not affect accomplishment of the requirements of 
this AD, and an AMOC is not necessary for a ``change in product'' AMOC 
approval request. We have therefore added this provision in new Note 1 
to paragraph (c) of this AD.

Request To Allow Re-Sequencing of Steps

    American requested that we revise the ``Differences Between 
Proposed AD and the Service Information'' paragraph of the preamble, 
and paragraph (h)(2) of the NPRM (77 FR 3187, January 23, 2012) to 
allow re-sequencing of ``open-up'' and ``close-up'' steps only, while 
maintaining the sequence for inspection and repair. American stated 
that allowing re-sequencing of those steps would reduce the number of 
AMOC requests for tasks that do not address the unsafe condition.
    We partially agree with the request. Because the ``Differences 
Between Proposed AD and the Service Information'' paragraph is not 
restated in the final rule, we have not made any change to the AD in 
that regard. However, we have revised paragraph (i)(2) of this AD 
(referred to as paragraph (h)(2) in the NPRM (77 FR 3187, January 23, 
2012)) to state that ``open-up'' and ``close-up'' steps may be done in 
any practical order.

Change to Paragraph (j)(3) of the NPRM (77 FR 3187, January 23, 2012)

    We incorrectly included a reference to 14 CFR 25.571, Amendment 45 
in paragraph (i)(3) of the NPRM (77 FR 3187, January 23, 2012). That 
reference has been removed from this AD.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the changes described previously and minor editorial 
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (77 FR 3187, January 23, 2012) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (77 FR 3187, January 23, 2012).
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of the AD.

Costs of Compliance

    We estimate that this AD affects 377 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
              Action                         Labor cost             Parts cost        Cost per product                 Cost on U.S. operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection.......................  28 work-hours x $85 per hour =           $0   $2,380 per inspection      $897,260 per inspection cycle.
                                    $2,380 per inspection cycle.                  cycle.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide 
a cost estimate 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.

[[Page 37772]]

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):

2012-12-14 The Boeing Company: Amendment 39-17094; Docket No. FAA-
2012-0035; Directorate Identifier 2011-NM-178-AD.

(a) Effective Date

    This AD is effective July 30, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 767-200 and -300 
series airplanes, certificated in any category, as identified in 
Boeing Alert Service Bulletin 767-53A0228, dated July 28, 2011.

    Note 1 to paragraph (c) of this AD: Supplemental Type 
Certificate (STC) ST01920SE (http://rgl.faa.gov/Regulatory--and--
Guidance--Library/rgstc.nsf/0/082838ee177dbf62862576a4005cdfc0/
$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

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by reports of fatigue cracking on the lower 
main sill inner chord of the hatch opening of the overwing emergency 
exit. We are issuing this AD to detect and correct fatigue cracking 
on the lower main sill inner chord of the hatch opening of the 
overwing emergency exit, which could result in reduced structural 
integrity of the hatch opening of the overwing emergency exit and 
consequent rapid decompression of the airplane.

(f) Compliance

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

(g) Repetitive Inspections and Repair

    Within the applicable compliance time specified in paragraph 
1.E., ``Compliance,'' of Boeing Alert Service Bulletin 767-53A0228, 
dated July 28, 2011, except as provided by paragraph (i)(3) of this 
AD: Do a high frequency eddy current (HFEC) inspection for cracking 
of the lower main sill inner chord around body station (STA) 883.5; 
a detailed inspection for cracking, corrosion damage, and any other 
irregularity, of the lower main sill inner chord and surrounding 
structure around STA 883.5; and a detailed inspection for cracking, 
corrosion damage, or other irregularity, of the lower main sill 
inner chord and surrounding structure around STA 903.5; as 
applicable; and do all applicable repairs; in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin 767-
53A0228, dated July 28, 2011, except as required by paragraphs 
(i)(1) and (i)(2) of this AD. Do all applicable repairs before 
further flight. Repeat the applicable inspections thereafter within 
the applicable times and intervals specified in paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin 767-53A0228, dated 
July 28, 2011. Doing a structural repair specified in paragraph (h) 
of this AD, terminates the inspections for that location only.

(h) Optional Terminating Action

    Doing a structural repair (doubler installation) in accordance 
with the Accomplishment Instructions of Boeing Alert Service 
Bulletin 767-53A0228, dated July 28, 2011, terminates the 
inspections required by paragraph (g) of this AD for that location 
only.

(i) Exceptions

    (1) If any cracking, corrosion damage, or other irregularity is 
found during any inspection required by this AD, and Boeing Alert 
Service Bulletin 767-53A0228, dated July 28, 2011, specifies to 
contact Boeing for appropriate action: Before further flight, repair 
the cracking, corrosion damage, or other irregularity, using a 
method approved in accordance with the procedures specified in 
paragraph (j) of this AD.
    (2) Where Boeing Alert Service Bulletin 767-53A0228, dated July 
28, 2011, specifies that the sequence of steps to do the actions can 
be changed, this AD does not allow the sequence of steps to be 
changed for the inspection and repair; however, the open-up and 
close-up steps may be done in any practical order.
    (3) Where Boeing Alert Service Bulletin 767-53A0228, dated July 
28, 2011, 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.''

(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 the Related Information 
section of this AD. Information may be emailed to: [email protected].
    (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.

(k) Related Information

    For more information about this AD, contact Berhane Alazar, 
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue SW., Renton, Washington 
98057-3356; phone: 425-917-6577; fax: 425-917-6590; email: 
[email protected].

(l) Material Incorporated by Reference

    (1)You must use the following service information to do the 
actions required by this AD, unless the AD specifies otherwise. The 
Director of the Federal Register approved the incorporation by 
reference (IBR) of the following service information under 5 U.S.C. 
552(a) and 1 CFR part 51:
    (i) Boeing Alert Service Bulletin 767-53A0228, dated July 28, 
2011.
    (2) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 
206-544-5000, extension 1; fax 206-766-5680; email 
[email protected]; Internet https://www.myboeingfleet.com.
    (3) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221.
    (4) You may also review copies of the 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 7, 2012.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-14829 Filed 6-22-12; 8:45 am]
BILLING CODE 4910-13-P