AD 2012-09-08

[Federal Register Volume 77, Number 93 (Monday, May 14, 2012)]
[Rules and Regulations]
[Pages 28240-28243]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2012-11029]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0993; Directorate Identifier 2011-NM-018-AD; 
Amendment 39-17043; AD 2012-09-08]
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 certain 
The Boeing Company Model 767-200 and -300 series airplanes. This AD was

[[Page 28241]]

prompted by reports of multiple site damage cracks in the radial web 
lap and tear strap splices of the aft pressure bulkhead at station 
(STA) 1582 due to fatigue. This AD requires repetitive inspections for 
cracking of the aft pressure bulkhead at STA 1582, repair or 
replacement of any cracked bulkhead, and eventual replacement of the 
aft pressure bulkhead at STA 1582 with a new bulkhead. Accomplishing 
the replacement terminates the repetitive inspections required by this 
AD. We are issuing this AD to prevent fatigue cracking of the aft 
pressure bulkhead, which could result in rapid decompression of the 
airplane and possible damage or interference with the airplane control 
systems that penetrate the bulkhead, and consequent loss of 
controllability of the airplane.

DATES: This AD is effective June 18, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of June 18, 
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, WA 98124-2207; telephone 206-544-
5000, extension 1; fax 206-766-5680; email <a href="/cdn-cgi/l/email-protection#4f222a612d202a2c20220f2d202a262128612c2022"><span class="__cf_email__" data-cfemail="7419115a161b11171b1934161b111d1a135a171b19">[email&#160;protected]</span></a>; 
Internet <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>. 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a>; 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: <a href="/cdn-cgi/l/email-protection#573532253f36393279363b362d36251731363679303821"><span class="__cf_email__" data-cfemail="e88a8d9a8089868dc689848992899aa88e8989c68f879e">[email&#160;protected]</span></a>.

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 September 27, 2011 (76 
FR 59590). That NPRM proposed to require repetitive inspections for 
cracking of the aft pressure bulkhead at station (STA) 1582, repair or 
replacement of any cracked bulkhead, and eventual replacement of the 
aft pressure bulkhead at STA 1582 with a new bulkhead. That proposed AD 
specified that accomplishing the replacement would terminate the 
repetitive inspections specified in the NPRM.

Comments

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

Support for NPRM (76 FR 59590, September 27, 2011)

    American Airlines has no objection to the NRPM (76 FR 59590, 
September 27, 2011), and noted that it will incorporate the 
requirements into its maintenance program.

Request To Include AD 2004-14-19, Amendment 39-13728 (69 FR 42549, July 
16, 2004) in NPRM (76 FR 59590, September 27, 2011) Requirements

    Boeing and Airborne Express (ABX) asked that the requirements in AD 
2004-14-19, Amendment 39-13728 (69 FR 42549, July 16, 2004), be added 
to the affected ADs section and the related requirements of the NPRM 
(76 FR 59590, September 27, 2011). Boeing stated that this would ensure 
that the initial actions in paragraphs (b), (c), and (d) of AD 2004-14-
19 begin 50,000 flight cycles after the aft pressure bulkhead has been 
replaced. ABX recommend that we add a paragraph that allows a 50,000 
flight cycle threshold on a new aft pressure bulkhead for the 
inspections required by AD 2004-14-19.
    We do not agree to include AD 2004-14-19, Amendment 39-13728 (69 FR 
42549, July 16, 2004), in the affected ADs section and related 
requirements of this AD. We have determined that an unsafe condition 
exists, and that the actions this AD requires are adequate to ensure 
the continued safety of the affected fleet. The commenter's suggested 
changes would alter the actions currently required by this AD, so 
additional rulemaking would be required. We find that delaying this 
action would be inappropriate in light of the identified unsafe 
condition. We have not changed this final rule regarding this issue. 
However, operators can always request approval of an alternative method 
of compliance (AMOC) for AD 2004-14-19.

Request To Clarify Terminating Action for Other ADs

    Boeing asked that we change paragraph (g) of the NPRM (76 FR 59590, 
September 27, 2011) to remove the terminating action for the repetitive 
inspections specified in paragraph (b) of AD 2004-05-16, Amendment 39-
13511 (69 FR 10917, March 9, 2004). Boeing stated that the inspections 
required by paragraph (b) of AD 2004-05-16 are not terminated by doing 
the inspections required by paragraph (g) of the NPRM. Boeing added 
that the inspections required by AD 2004-05-16 are for cracking of the 
web of the aft pressure bulkhead at the web y-chord joint. Boeing noted 
that this cracking pattern, location, and growth rate are not covered 
by the inspection in paragraph (g) of the NPRM.
    We agree with the commenter for the reasons provided. We have 
removed the terminating action for the repetitive inspections required 
by AD 2004-05-16 (69 FR 10917, March 9, 2004) from paragraph (g) of 
this AD.
    Boeing also requested that we revise paragraph (g) of the NPRM (76 
FR 59590, September 27, 2011) to specify that accomplishing the 
inspections in paragraph (g) of the NPRM terminates the ``initial'' and 
repetitive inspections required by paragraphs (f) ``and (h)'' of AD 
2005-03-11, Amendment 39-13967 (70 FR 7174, February 11, 2005), 
corrected on March 11, 2005 (70 FR 12119).
    We partially agree with the commenter. Doing the inspections 
required by paragraph (g) of this AD replaces the inspections 
(repetitive) required by paragraph (f) of AD 2005-03-11, Amendment 39-
13967 (70 FR 7174, February 11, 2005), corrected on March 11, 2005 (70 
FR 12119). We have revised paragraph (g) of this AD accordingly. 
However, the inspection required by paragraph (h) of AD 2005-03-11 is a 
one-time inspection of the ``oil can'' locations of the aft pressure 
bulkhead web, which is not in the same location as the inspections 
required by paragraph (g) of the NPRM (76 FR 59590, September 27, 
2011). Therefore the requirements in paragraph (h) of AD 2005-03-11 
cannot be terminated by the inspections required by paragraph (g) of

[[Page 28242]]

this AD. However, under the provisions of paragraph (i) of this AD, we 
will consider requests to provide such relief through approval of an 
AMOC if sufficient data are submitted to substantiate that the 
terminating action would also provide an acceptable level of safety.
    Boeing also asked that we revise paragraph (h) of the NPRM (76 FR 
59590, September 27, 2011) to specify that doing the replacement 
specified in paragraph (h) of the NPRM terminates the actions required 
by paragraphs (a) and (b) of AD 2004-05-16, Amendment 39-13511 (69 FR 
10917, March 9, 2004) and the actions required by paragraphs (f) and 
(h) of AD 2005-03-11, Amendment 39-13967 (70 FR 7174, February 11, 
2005), corrected on March 11, 2005 (70 FR 12119).
    We agree with the commenter. Once the replacement required by 
paragraph (h) of this AD is done, it is not necessary to do the 
inspections required by paragraphs (a) and (b) of AD 2004-05-16, 
Amendment 39-13511 (69 FR 10917, March 9, 2004) and paragraphs (f) and 
(h) of AD 2005-03-11, Amendment 39-13967 (70 FR 7174, February 11, 
2005), corrected on March 11, 2005 (70 FR 12119). We have revised 
paragraph (h) of this AD accordingly.

Request To Include Inspection in Airworthiness Limitations

    ABX asked that we add a new paragraph following paragraph (h) of 
the NPRM (76 FR 59590, September 27, 2011), which allows synchronizing 
the maintenance program and the AD requirements for all airplanes 
equipped with improved aft pressure bulkheads. ABX added that we should 
mandate the airworthiness limitations (AWLs) for the maintenance on aft 
pressure bulkheads that have been replaced, in order to relieve the 
burden of requesting AMOCs. ABX added that the improved aft pressure 
bulkhead should have the same maintenance requirements whether it was 
installed on an airplane in production or in service.
    We partially agree with the commenter. We agree that the actual 
dimensional and material configuration of the modified aft pressure 
bulkhead is identical to the later production airplanes. However, 
although the configuration is identical, the fatigue life of the 
bulkhead is not. All Model 767 airplanes, including the fatigue test 
airplanes, are subject to limit test pressurization loads during 
production. This limit loading substantially enhances the fatigue life 
of the structure. We have made no change to the AD in this regard.

Clarification of Effect of Winglet Installation

    We have added new Note 1 to paragraph (c) of this AD to state that 
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'' AMOC approval request is not necessary to comply with the 
requirements of 14 CFR 39.17.

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

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspections........................  22 work-hours x $85 per                  $0          $1,870        $155,210
                                      hour = $1,870 per
                                      inspection cycle.
Replacement........................  1,541 work-hours x $85 per          399,539         530,524      44,033,492
                                      hour = $130,985.
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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):

2012-09-08 The Boeing Company: Amendment 39-17043; Docket No.

[[Page 28243]]

FAA-2011-0993; Directorate Identifier 2011-NM-018-AD.

(a) Effective Date

    This AD is effective June 18, 2012.

(b) Affected ADs

    Certain requirements of this AD affect certain requirements of 
AD 2004-05-16, Amendment 39-13511 (69 FR 10917, March 9, 2004), and 
AD 2005-03-11, Amendment 39-13967 (70 FR 7174, February 11, 2005), 
corrected on March 11, 2005 (70 FR 12119).

(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 767-53A0139, dated November 12, 2009.

    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 multiple site damage cracks 
in the radial web lap and tear strap splices of the aft pressure 
bulkhead at station (STA) 1582 due to fatigue. We are issuing this 
AD to prevent fatigue cracking of the aft pressure bulkhead, which 
could result in rapid decompression of the airplane and possible 
damage or interference with the airplane control systems that 
penetrate the bulkhead, and consequent loss of controllability of 
the airplane.

(f) Compliance

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

(g) Repetitive Inspections

    Except as provided by paragraph (h) of this AD: Before the 
accumulation of 43,000 total flight cycles, or within 1,600 flight 
cycles after the effective date of this AD, whichever occurs later, 
do detailed, low-frequency eddy current, and mid-frequency eddy 
current inspections for cracking of the aft pressure bulkhead at STA 
1582, in accordance with the Accomplishment Instructions of Boeing 
Alert Service Bulletin 767-53A0139, dated November 12, 2009. If any 
crack is found, before further flight, replace the bulkhead as 
required by paragraph (h) of this AD, or repair the crack in 
accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin 767-53A0139, dated November 12, 2009, and repeat 
the inspections thereafter at intervals not to exceed 1,600 flight 
cycles. If no crack is found, repeat the inspections thereafter at 
intervals not to exceed 1,600 flight cycles. Accomplishing the 
inspections required by this paragraph terminates the inspections 
required by paragraph (f) of AD 2005-03-11, Amendment 39-13967 (70 
FR 7174, February 11, 2005), corrected on March 11, 2005 (70 FR 
12119).

(h) Replacement

    Except as provided by paragraph (g) of this AD: Before the 
accumulation of 43,000 total flight cycles, or within 5,000 flight 
cycles after the effective date of this AD, whichever occurs later: 
Replace the aft pressure bulkhead at STA 1582 with a new bulkhead, 
in accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin 767-53A0139, dated November 12, 2009. Accomplishing 
the replacement in this paragraph terminates the repetitive 
inspections required by paragraph (g) of this AD. Accomplishing the 
replacement in this paragraph also terminates the inspections 
required by paragraphs (a) and (b) of AD 2004-05-16, Amendment 39-
13511 (69 FR 10917, March 9, 2004), and paragraphs (f) and (h) of AD 
2005-03-11, Amendment 39-13967 (70 FR 7174, February 11, 2005), 
corrected on March 11, 2005 (70 FR 12119).

(i) 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: <a href="/cdn-cgi/l/email-protection#596074181714740a3c382d2d353c74181a16741814161a740b3c282c3c2a2d2a193f3838773e362f"><span class="__cf_email__" data-cfemail="596074181714740a3c382d2d353c74181a16741814161a740b3c282c3c2a2d2a193f3838773e362f">[email&#160;protected]</span></a>.
    (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.

(j) 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: 
<a href="/cdn-cgi/l/email-protection#7c1e190e141d1219521d101d061d0e3c1a1d1d521b130a"><span class="__cf_email__" data-cfemail="d0b2b5a2b8b1beb5feb1bcb1aab1a290b6b1b1feb7bfa6">[email&#160;protected]</span></a>.

(k) 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) under 5 U.S.C. 552(a) and 1 CFR part 51.
    (i) Boeing Alert Service Bulletin 767-53A0139, dated November 
12, 2009.
    (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; email <a href="/cdn-cgi/l/email-protection#315c541f535e54525e5c71535e54585f561f525e5c"><span class="__cf_email__" data-cfemail="abc6ce85c9c4cec8c4c6ebc9c4cec2c5cc85c8c4c6">[email&#160;protected]</span></a>; 
Internet <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>.
    (3) You may review copies of the referenced service information 
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., 
Renton, Washington 98057-3356. 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: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Renton, Washington, on April 29, 2012.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-11029 Filed 5-11-12; 8:45 am]
BILLING CODE 4910-13-P