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


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-3698; Directorate Identifier 2015-NM-138-AD]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain The Boeing Company Model 767-200 and -300 series airplanes. 
This proposed AD was prompted by an evaluation by the design approval 
holder (DAH) indicating that the aft pressure bulkhead at a certain 
area is subject to widespread fatigue damage (WFD). This proposed AD 
would require replacing the aft pressure bulkhead with a new, improved 
aft pressure bulkhead, and doing related investigative and corrective 
actions if necessary. We are proposing this AD to prevent fatigue 
cracking in the radial web lap splices of the aft pressure bulkhead. 
Such cracking could result in rapid decompression and consequent 
reduced structural integrity of the airplane.

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

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Boeing 
Commercial

[[Page 8669]]

Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H-
65, Seattle, WA 98124-2207; telephone 206-544-5000, extension 1; fax 
206-766-5680; Internet https://www.myboeingfleet.com. You may view this 
referenced service information at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the 
availability of this material at the FAA, call 425-227-1221. It is also 
available on the Internet at http://www.regulations.gov by searching 
for and locating Docket No. FAA-2016-3698.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
3698; or in person at the Docket Management Facility between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this proposed AD, the regulatory evaluation, any comments 
received, and other information. The street address for the Docket 
Office (phone: 800-647-5527) is in the ADDRESSES section. Comments will 
be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Wayne Lockett, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office 
(ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6447; fax: 425-917-6590; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2016-3698; 
Directorate Identifier 2015-NM-138-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

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

Related Rulemaking

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

[[Page 8670]]

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

Related Service Information Under 1 CFR Part 51

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

FAA's Determination

    We are proposing this AD because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

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

Difference Between This Proposed AD and the Service Information

    The service bulletin specifies to contact the manufacturer for 
instructions on how to repair certain conditions, but this proposed AD 
would require repairing those conditions in one of the following ways:
     In accordance with a method that we approve; or
     Using data that meet the certification basis of the 
airplane, and that have been approved by the Boeing Commercial 
Airplanes Organization Designation Authorization (ODA) whom we have 
authorized to make those findings.

Explanation of Compliance Time

    The compliance time for the replacement specified in this proposed 
AD for addressing WFD was established to ensure that discrepant 
structure is replaced before WFD develops in airplanes. Standard 
inspection techniques cannot be relied on to detect WFD before it 
becomes a hazard to flight. We will not grant any extensions of the 
compliance time to complete any AD-mandated service bulletin related to 
WFD without extensive new data that would substantiate and clearly 
warrant such an extension.

Costs of Compliance

    We estimate that this proposed AD affects 86 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

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

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

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

[[Page 8671]]

Sec.  39.13  [Amended]

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

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

(a) Comments Due Date

    We must receive comments by April 7, 2016.

(b) Affected ADs

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

(c) Applicability

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

(d) Subject

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

(e) Unsafe Condition

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

(f) Compliance

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

(g) Replacement and Related Investigative and Corrective Actions

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

(h) Corrective Actions

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

(i) Exception to the Service Information

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

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, has the authority to approve AMOCs for this AD, if requested 
using the procedures found in 14 CFR 39.19. In accordance with 14 
CFR 39.19, send your request to your principal inspector or local 
Flight Standards District Office, as appropriate. If sending 
information directly to the manager of the ACO, send it to the 
attention of the person identified in paragraph (k)(1) of this AD. 
Information may be emailed to: [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, modification, or alteration required by this AD 
if it is approved by the Boeing Commercial Airplanes Organization 
Designation Authorization (ODA) that has been authorized by the 
Manager, Seattle ACO, to make those findings. For a repair method to 
be approved, the repair method, modification deviation, or 
alteration deviation must meet the certification basis of the 
airplane, and the approval must specifically refer to this AD.
    (4) Except as required by paragraph (h) of this AD: For service 
information that contains steps that are labeled as Required for 
Compliance (RC), the provisions of paragraphs (j)(4)(i) and 
(j)(4)(ii) apply.
    (i) The steps labeled as RC, including substeps under an RC step 
and any figures identified in an RC step, must be done to comply 
with the AD. An AMOC is required for any deviations to RC steps, 
including substeps and identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted 
methods in accordance with the operator's maintenance or inspection 
program without obtaining approval of an AMOC, provided the RC 
steps, including substeps and identified figures, can still be done 
as specified, and the airplane can be put back in an airworthy 
condition.

(k) Related Information

    (1) For more information about this AD, contact Wayne Lockett, 
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft 
Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-
3356; phone: 425-917-6447; fax: 425-917-6590; email: 
[email protected].
    (2) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com. You may view this referenced service 
information at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue SW., Renton, WA. For information on the availability of this 
material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on February 9, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-03466 Filed 2-19-16; 8:45 am]
 BILLING CODE 4910-13-P