[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.

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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: [email protected].

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: [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.
    (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: 
[email protected].

 (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