[Federal Register Volume 80, Number 108 (Friday, June 5, 2015)]
[Proposed Rules]
[Pages 32066-32069]
[FR Doc No: 2015-13328]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-1421; Directorate Identifier 2014-NM-177-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain The Boeing Company Model 767-300 and -300F series airplanes.
This proposed AD was prompted by reports of fatigue cracking on
airplanes with Aviation Partners Boeing winglets installed. This
proposed AD would require a high frequency eddy current (HFEC)
inspection for cracking of the lower outboard wing skin, and repair or
modification if necessary. This proposed AD would also require one of
three follow-on actions: Repeating the HFEC inspections; modifying
certain internal stringers and oversizing and plugging the existing
fastener holes of the lower wing; or modifying the external doubler/
tripler and doing repetitive post-modification inspections. We are
proposing this AD to prevent fatigue cracking in the lower outboard
wing skin, which could result in failure and subsequent separation of
the wing and winglet and consequent reduced controllability of the
airplane.

DATES: We must receive comments on this proposed AD by July 20, 2015.

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:<PHONE_NUMBER>.
     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 proposed AD, contact
Aviation Partners Boeing, 2811 S. 102nd Street, Suite 200, Seattle, WA
98168; telephone<PHONE_NUMBER>; Internet https://www.aviationpartnersboeing.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<PHONE_NUMBER>.

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-
1421; 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:<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Allen Rauschendorfer, Aerospace
Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue SW., Renton, WA 98057-3356;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
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-2015-1421;
Directorate Identifier 2014-NM-177-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

    We have received reports of fatigue cracking in the lower outboard
wing skin at the inboard fastener of stringer L-9.5 on Model 767-300
airplanes with Aviation Partners Boeing winglets installed. The cracks
were found at the fastener holes common to the inboard end of the
outboard stringer L-9.5 on the left- and right-hand wings.
Investigation revealed that these were fatigue cracks related to
Aviation Partners Boeing STC ST01920SE winglet retrofit kit
installations. If not corrected, these cracks could extend to adjacent
structure and could lead to reduced load carrying capability in the
lower skin. Later investigation revealed more cracking along the lower
wing skin as a result of fatigue due to higher-than-predicted fastener
loads and skin stress peaking at the inboard end of stringer L-9.5.
These conditions, if not corrected, could result in failure and
subsequent separation of the wing and winglet, and consequent reduced
controllability of the airplane.

Related Service Information Under 1 CFR Part 51

    We reviewed Aviation Partners Boeing Service Bulletin AP767-57-010,
Revision 7, dated November 4, 2014. The service information describes
procedures for inspecting for cracking of the external surface of the
lower outboard wing skin, and repair or modification if necessary. The
service information also includes certain follow-on 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 of this NPRM.

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 Rule and the Service
Information.''

Difference Between Proposed Rule and Service Information

    Aviation Partners Boeing Service Bulletin AP767-57-010, Revision 7,
dated November 4, 2014, 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.

Costs of Compliance

    We estimate that this proposed AD affects 140 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                        Estimated Costs--Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspection............................  3 work-hours x $85 per                $0            $255         $35,700
                                         hour = $255.
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                                        Estimated Costs--Optional Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Repetitive inspections........................  3 work-hours x $85 per hour =                 $0            $255
                                                 $255 per inspection cycle.
Repair/Modification...........................  262 work-hours x $85 per hour =                0          22,270
                                                 $22,270.
Terminating Modification......................  262 work-hours x $85 per hour =                0          22,270
                                                 $22,270.
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    We have received no definitive data that would enable us to provide
cost estimates for the on-condition 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.

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-2015-1421; Directorate Identifier
2014-NM-177-AD.

(a) Comments Due Date

    We must receive comments by July 20, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 767-300 and -300F
series airplanes, certificated in any category, with Aviation
Partners Boeing winglets installed; as identified in Aviation
Partners Boeing Service Bulletin AP767-57-010, Revision 7, dated
November 4, 2014.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by reports of fatigue cracking in the lower
outboard wing skin at the inboard fastener of stringer L-9.5 on
airplanes with winglets installed per Supplemental Type Certificate
ST01920SE. We are issuing this AD to prevent fatigue cracking in the
lower outboard wing skin, which could result in failure and
subsequent separation of the wing and winglet and consequent reduced
controllability of the airplane.

(f) Compliance

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

(g) Inspection and Repair or Modification and Post-Repair or
Modification Inspections

    At the applicable time specified in paragraph 1.E.,
``Compliance,'' of Aviation Partners Boeing Service Bulletin AP767-
57-010, Revision 7, dated November 4, 2014, except as required by
paragraph (j) of this AD: Do a high frequency eddy current (HFEC)
inspection for cracking of the lower outboard wing skin, as
specified in paragraph (g)(1) or (g)(2) of this AD, as applicable.
    (1) For Groups 1 and 2 airplanes: Do an internal HFEC inspection
at the inboard fasteners of stringer L-9.5, in accordance with PART
1 of the Accomplishment Instructions of Aviation Partners Boeing
Service Bulletin AP767-57-010, Revision 7, dated November 4, 2014;
and do the applicable actions required by paragraph (g)(1)(i) or
(g)(1)(ii) of this AD.
    (i) If any cracking is found, before further flight, do the
repair or modification specified in paragraph (h) of this AD.
    (ii) If no cracking is found, do the applicable actions
specified in paragraph (g)(1)(ii)(A), (g)(1)(ii)(B), or
(g)(1)(ii)(C) of this AD at the time specified in paragraph 1.E.,
``Compliance,'' of Aviation Partners Boeing Service Bulletin AP767-
57-010, Revision 7, dated November 4, 2014.
    (A) Repeat the HFEC inspection.
    (B) Do a preventive modification of the external doubler/tripler
filler and stringer L-6.5, in accordance with PART 2 through 6, or
PART 8, as applicable, of the Accomplishment Instructions of
Aviation Partners Boeing Service Bulletin AP767-57-010, Revision 7,
dated November 4, 2014. If PART 8 was done, do repetitive HFEC
inspections for cracking of the lower outboard wing skin common to
the external doubler/tripler repair, in accordance with PART 9 of
the Accomplishment Instructions of Aviation Partners Boeing Service
Bulletin AP767-57-010, Revision 7, dated November 4, 2014, except as
required by paragraph (j)(2) of this AD. If any cracking is found:
Before further flight, do a repair or modification using a method
approved in accordance with the procedures specified in paragraph
(k) of this AD.
    (C) Do a repair or modification in accordance with PART 8, and
do repetitive HFEC inspections for cracking of the lower outboard
wing skin common to the external doubler/tripler repair, in
accordance with PART 9 of the Accomplishment Instructions of
Aviation Partners Boeing Service Bulletin AP767-57-010, Revision 7,
dated November 4, 2014, except as required by paragraph (j)(2) of
this AD. If any cracking is found: Before further flight, do a
repair or modification using a method approved in accordance with
the procedures specified in paragraph (k) of this AD.
    (2) For Group 3 airplanes: Do an internal HFEC inspection at the
inboard fasteners of stringer L-9.5, in accordance with PART 7a of
the Accomplishment Instructions of Aviation Partners Boeing Service
Bulletin AP767-57-010, Revision 7, dated November 4, 2014. Do an
external HFEC inspection at the inboard fasteners of stringer L-6.5
in accordance with PART 7b of the Accomplishment Instructions of
Aviation Partners Boeing Service Bulletin AP767-57-010, Revision 7,
dated November 4, 2014; and do the applicable actions required by
paragraph (g)(2)(i) or (g)(2)(ii) of this AD, at the time specified
in paragraph 1.E., ``Compliance,'' of Aviation Partners Boeing
Service Bulletin AP767-57-010, Revision 7, dated November 4, 2014.
    (i) If any cracking is found: Before further flight, do a repair
or modification using a method approved in accordance with the
procedures specified in paragraph (k) of this AD.
    (ii) If no cracking is found: Repeat the HFEC inspections at the
time specified in paragraph 1.E., ``Compliance,'' of Aviation
Partners Boeing Service Bulletin AP767-57-010, Revision 7, dated
November 4, 2014.

(h) Terminating Modification and Repair and Post-Repair or Modification
Inspections

    Modification of the external doubler/tripler filler and stringer
L-6.5, in accordance with PART 2 through PART 6, or repair or
modification in accordance with PART 8, of the Accomplishment
Instructions of Aviation Partners Boeing Service Bulletin AP767-57-
010, Revision 7, dated November 4, 2014, except as required by
paragraph (j)(2) of this AD, terminates the repetitive inspections
specified in paragraph (g)(1)(ii)(A) of this AD, provided the
conditions specified in paragraphs (h)(1) and (h)(2) of this AD are
met. If any cracking is found: Before further flight, do a repair or
modification using a method approved in accordance with the
procedures specified in paragraph (k) of this AD.
    (1) The repair or modification must be done within the
applicable time specified in paragraph 1.E., ``Compliance,'' of
Aviation Partners Boeing Service Bulletin AP767-57-010, Revision 7,
dated November 4, 2014, except as required by paragraph (j) of this
AD.
    (2) Repetitive post-repair or modification inspections for
cracking of the lower outboard wing skin common to the external
doubler/tripler repair must be done in accordance with PART 9 of
Aviation Partners Boeing Service Bulletin AP767-57-010, Revision 7,
dated November 4, 2014, within the applicable time specified in
paragraph 1.E., ``Compliance,'' of Aviation Partners Boeing Service
Bulletin AP767-57-010, Revision 7, dated November 4, 2014, except as
required by paragraph (j)(2) of this AD. If any cracking is found:
Before further flight, do a repair or modification using a method
approved in accordance with the procedures specified in paragraph
(k) of this AD.

(i) Credit for Previous Actions

    This paragraph provides credit for the actions specified in
paragraphs (g) and (h) of this AD, if those actions were performed
before the effective date of this AD using the service information
identified in paragraph (i)(1), (i)(2), or (i)(3) of this AD; which
is not incorporated by reference in this AD.
    (1) Aviation Partners Boeing Service Bulletin AP767-57-010,
Revision 2, dated January 23, 2014.
    (2) Aviation Partners Boeing Service Bulletin AP767-57-010,
Revision 4, dated April 22, 2014.
    (3) Aviation Partners Boeing Service Bulletin AP767-57-010,
Revision 6, dated August 15, 2014.

(j) Exceptions to Service Information Specifications

    (1) Where paragraph 1.E., ``Compliance,'' of Aviation Partners
Boeing Service Bulletin AP767-57-010, Revision 7, dated November

4, 2014, specifies a compliance time ``after the initial issue date
on this service bulletin,'' this AD requires compliance within the
specified compliance time after the effective date of this AD.
    (2) Where Aviation Partners Boeing Service Bulletin AP767-57-
010, Revision 7, dated November 4, 2014, specifies to contact Boeing
for repair instructions: Before further flight, repair the cracking
using a method approved in accordance with the procedures specified
in paragraph (k) of this AD.

(k) 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 (l)(1) of this AD.
Information may be emailed to<EMAIL_ADDRESS>    (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.

(l) Related Information

    (1) For more information about this AD, contact Allen
Rauschendorfer, Aerospace Engineer, Airframe Branch, ANM-120S, FAA,
Seattle Aircraft Certification Office, 1601 Lind Avenue SW., Renton,
WA 98057-3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Aviation Partners Boeing, 2811 S. 102nd Street, Suite 200, Seattle,
WA 98168; telephone<PHONE_NUMBER>; Internet https://www.aviationpartnersboeing.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<PHONE_NUMBER>.

    Issued in Renton, Washington, on May 13, 2015.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-13328 Filed 6-4-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: May 23, 2007 (Volume 72, Number 99)]
[Notices]
[Page 29027-29028]
[DOCID:fr23my07-106]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55775; File No. SR-NYSEArca-2007-40]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Relating to Closing
Auctions for Securities Similar to Exchange-Traded Funds

May 16, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on May 11, 2007, NYSE Arca, Inc. (``NYSE Arca'' or ``Exchange''),
through its wholly owned subsidiary NYSE Arca Equities, Inc. (``NYSE
Arca Equities''), filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been substantially prepared by the Exchange.
The Exchange filed the proposed rule change pursuant to Section
19(b)(3)(A) of the Act \3\ and Rule 19b-4(f)(6) thereunder,\4\ which
renders the proposal effective upon filing with the Commission. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange, through NYSE Arca Equities, proposes to amend NYSE
Arca Equities Rule 7.35(e)(3)(E) relating to closing auctions for
exchange-traded funds (``ETFs''). The text of the proposed rule change
is available on the Exchange's Web site (http://www.nysearca.com), at

the Exchange's principal office and at the Commission's Public
Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item III below. The Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend NYSE Arca Equities Rule
7.35(e)(3)(E) relating to closing auctions for ETFs. Currently, NYSE
Arca Equities Rule 7.35(e)(3)(E) provides special closing auction rules
for certain listed ETFs as defined in NYSE Arca Equities Rules
5.1(b)(13) (Unit Investment Trusts), 5.2(j)(3) (Investment Company
Units), and 8.100 (Portfolio Depositary Receipts).\5\ Since receiving
Commission approval to include ETFs in its closing auction process in
2004, the Exchange has obtained approval from the Commission to list
and trade the securities of additional derivative securities products
that operate in a manner similar to ETFs. These derivative securities
products are not currently included in NYSE Arca Equities Rule
7.35(e)(3)(E). The Exchange proposes to amend NYSE Arca Equities Rule
7.35(e)(3)(E) to include references to the rules governing these
additional derivative securities products, rendering these types of
products subject to the same closing auction rules as ETFs.
Specifically, the Exchange proposes to amend NYSE Arca Equities Rule
7.35(e)(3)(E) to include references to NYSE Arca Equities Rules
5.2(j)(5) (Equity Gold Shares),\6\ 8.200 (Trust Issued Receipts),\7\
8.201 (Commodity Based Trust Shares),\8\ 8.202 (Currency

Trust Shares),\9\ 8.203 (Commodity Index Trust Shares),\10\ 8.300
(Partnership Units),\11\ and 8.400 (Paired Trust Shares).\12\ In
addition, the Exchange proposes to amend NYSE Arca Equities Rule
7.35(e)(3)(E) to include references to NYSE Arca Equities Rule
5.1(b)(18) which defines the term ``Exchange-Traded Funds.''
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    \5\ See Securities Exchange Act Release No. 50643 (November 5,
2004), 69 FR 65668 (November 15, 2004) (SR-PCX-2004-98) (approving
amendments to NYSE Arca Equities Rule 7.35 to include certain ETFs
in the closing auction process). NYSE Arca Equities Rule
7.35(e)(3)(E) applies only to securities that are listed on the
Exchange and not to securities that are traded pursuant to unlisted
trading privileges (``UTP'').
    \6\ See Securities Exchange Act Release No. 51245 (February 23,
2005), 70 FR 10731 (March 4, 2005) (SR-PCX-2004-117) (approving
generic listing standards for Equity Gold Shares and trading, on a
UTP basis, of the streetTRACKS[supreg] Gold Shares pursuant to NYSE
Arca Equities Rule 5.2(j)(5)).
    \7\ See Securities Exchange Act Release No. 44182 (April 16,
2001), 66 FR 21798 (May 1, 2001) (SR-PCX-2001-01) (approving generic
listing standards for Trust Issued Receipts pursuant to NYSE Arca
Equities Rule 8.200).
    \8\ See Securities Exchange Act Release No. 51067 (January 21,
2005), 70 FR 3952 (January 27, 2005) (SR-PCX-2004-132) (approving
generic listing standards for Commodity-Based Trust Shares and
trading, on a UTP basis, of the iShares[supreg] COMEX Gold Trust
pursuant to NYSE Arca Equities Rule 8.201).
    \9\ See Securities Exchange Act Release No. 53253 (February 8,
2006), 71 FR 8029 (February 15, 2006) (SR-PCX-2005-123) (approving
generic listing standards for Currency Trust Shares and trading, on
a UTP basis, of the Euro Currency Trust pursuant to NYSE Arca
Equities Rule 8.202).
    \10\ See Securities Exchange Act Release No. 54025 (June 21,
2006), 71 FR 36856 (June 28, 2006) (SR-NYSEArca-2006-12) (approving
generic listing standards for Commodity Index Trust Shares and
trading, on a UTP basis, of the iShares[supreg] GSCI Commodity
Indexed Trust pursuant to NYSE Arca Equities Rule 8.203).
    \11\ See Securities Exchange Act Release No. 53875 (May 25,
2006), 71 FR 32164 (June 2, 2006) (SR-NYSEArca-2006-11) (approving
generic listing standards for Partnership Units and trading, on a
UTP basis, of the United States Oil Fund, LP pursuant to NYSE Arca
Equities Rule 8.300).
    \12\ See Securities Exchange Act Release No. 34-55033 (December
29, 2006), 72 FR 1253 (January 10, 2007) (SR-NYSEArca-2006-75)
(approving generic listing standards for Paired Trust Shares and
trading, on a UTP basis, of the Claymore MACRO Tradeable Shares
pursuant to NYSE Arca Equities Rule 8.400).
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act \13\ in general and furthers the
objectives of Section 6(b)(5) of the Act \14\ in particular in that it
is designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, and to remove impediments to and perfect
the mechanism of a free and open market and a national market system.
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    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    Written comments on the proposed rule change were neither solicited
nor received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the foregoing proposed rule change does not:
    (i) Significantly affect the protection of investors or the public
interest;
    (ii) impose any significant burden on competition; and
    (iii) become operative for 30 days from the date on which it was
filed, or such shorter time as the Commission may designate if
consistent with the protection of investors and the public interest, it
has become effective pursuant to Section 19(b)(3)(A) of the Act,\15\
and Rule 19b-4(f)(6) thereunder.\16\
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    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 17 CFR 240.19b-4(f)(6). The Commission notes that the
Exchange satisfied the five-day pre-filing notice requirement.
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    At any time within 60 days of the filing of the proposed rule
change the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send e-mail to<EMAIL_ADDRESS>Please include File

Number SR-NYSEArca-2007-40 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
    All submissions should refer to File Number SR-NYSEArca-2007-40.
This file number should be included on the subject line if e-mail is
used. To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro/shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room. Copies of such
filing will also be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File number SR-NYSEArca-2007-40 and should be submitted by or before
June 13, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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J. Lynn Taylor,
Assistant Secretary.
 [FR Doc. E7-9856 Filed 5-22-07; 8:45 am]

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[Federal Register Volume 78, Number 22 (Friday, February 1, 2013)]
[Proposed Rules]
[Pages 7308-7311]
[FR Doc No: 2013-02253]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0019; Directorate Identifier 2010-SW-051-AD]
RIN 2120-AA64

Airworthiness Directives; Bell Helicopter Textron Canada
Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
Bell Helicopter Textron Canada (BHTC) Model 407 helicopters with
certain tailboom assemblies installed. This proposed AD would require,
at specified intervals, inspecting the tailboom assembly for a crack,
loose rivet, or other damage. This proposed AD is prompted by a stress
analysis of the tailboom skin that revealed high-stress-concentration
areas are susceptible to skin cracking. This condition, if not
detected, could result in a crack in the tailboom assembly, failure of
the tailboom, and subsequent loss of control of the helicopter.

DATES: We must receive comments on this proposed AD by April 2, 2013.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your
comments electronically.
     Fax:<PHONE_NUMBER>.
     Mail: Send comments to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the Docket Operations Office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the economic
evaluation, any comments received, and other information. The street
address for the Docket Operations Office (telephone<PHONE_NUMBER>) is in
the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.
    For service information identified in this proposed AD, contact
Bell Helicopter Textron Canada Limited, 12,800 Rue de l'Avenir,
Mirabel, Quebec J7J1R4; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax
(450) 433-0272; or at http://www.bellcustomer.com/files/. You may
review a copy of the referenced service information at the FAA, Office
of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room
663, Fort Worth, Texas 76137.

FOR FURTHER INFORMATION CONTACT: Sharon Miles, Aerospace Engineer, FAA,
Regulations and Policy Group, 2601 Meacham Blvd., Fort Worth, Texas
76137; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to participate in this rulemaking by submitting
written comments, data, or views. We also invite comments relating to
the economic, environmental, energy, or federalism impacts that might
result from adopting the proposals in this document. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should send only one copy of written comments, or if comments are filed
electronically, commenters should submit only one time.
    We will file in the docket all comments that we receive, as well as
a report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. Before acting on this proposal, we
will consider all comments we receive on or before the closing date for
comments. We will consider comments filed after the comment period has
closed if it is possible to do so without incurring expense or delay.
We may change this proposal in light of the comments we receive.

Discussion

    Transport Canada, which is the aviation authority for Canada, has
issued AD CF-2009-07, dated March 6, 2009 (AD CF-2009-07), to correct
an unsafe condition for the BHTC Model 407 helicopters with a tailboom
assembly, part number (P/N) 407-030-801-201, -203, or -205. Transport
Canada states that a stress analysis of the chemically milled tailboom
skin ``revealed a possibility of skin cracking due to high stress
concentration areas.'' Transport Canada advises that this condition, if
not detected, could result in ``serious damage to the tailboom.''

 FAA's Determination

    These helicopters have been approved by the aviation authority of
Canada and are approved for operation in the United States. Pursuant to
our bilateral agreement with Canada, Transport Canada, its technical
representative, has notified us of the unsafe condition described in
its AD. We are proposing this AD because we evaluated all known
relevant information and determined that an unsafe condition exists and
is likely to exist or develop on other products of the same type
design.

Related Service Information

    BHTC has issued Alert Service Bulletin No. 407-08-84, dated August
18, 2008 (ASB), which specifies a new inspection schedule for the
tailboom assemblies. BHTC states it has not received any field reports
indicating cracked skin in service on the tailboom assemblies. However,
in the interest of safety, BHTC states it has elected to introduce a
new inspection schedule for the tailboom assemblies. The ASB specifies
the new inspection schedule. Transport Canada classified this ASB as
mandatory and issued AD CF-2009-07 to ensure the continued
airworthiness of these helicopters.

Proposed AD Requirements

    Unless accomplished previously, this proposed AD would require:
     Within 100 hours time-in-service (TIS) or at the next
tailboom inspection, whichever comes first, and thereafter at intervals
not to exceed 300 hours TIS, cleaning and inspecting the tailboom
assembly for a loose rivet, a crack, or other damage. If there is a
crack in the tailboom assembly, this proposed AD would require
replacing it with an airworthy tailboom assembly before further flight.
     For helicopters with a tailboom assembly that has 6,900 or
more hours TIS, this proposed AD would also require, within 25 hours
TIS or 30 days, whichever occurs first, cleaning and inspecting the
tailboom assembly for a crack, either by using a 10X or higher power
magnifying glass (and thereafter repeating the 10X or higher power
magnifying glass inspection at intervals not to exceed 150 hours TIS),
or by eddy current inspection (and thereafter at intervals not to
exceed 500 hours TIS).
     For helicopters with a tailboom assembly that has 8,600 or
more hours TIS, or an unknown number of hours TIS, this proposed AD
would also require either visually checking for a

crack before the first flight of each day, or cleaning and inspecting
around each fastener and just above the edge of the upper stabilizer
support within 25 hours TIS, or 30 days, whichever comes first, and
thereafter at intervals not to exceed 50 hours TIS. The visual check
may be performed by the owner/operator (pilot) holding at least a
private pilot certificate, and must be entered into the aircraft
records showing compliance with this AD. This authorization is an
exception to our standard maintenance regulations.

Differences Between This Proposed AD and the Transport Canada AD

    The Transport Canada AD states to perform the inspections of the
tailboom ``in accordance with inspection procedures as per applicable
part'' of the ASB. This proposed AD references only specific sections
of the ASB for accomplishing the requirements.

Costs of Compliance

    We estimate that this proposed AD would affect 551 helicopters of
U.S. registry, and estimate the cost of compliance for the first year
as follows:
     We assume 1 initial 100-hour TIS inspection and 2
recurring inspections, which would each take about 2.5 hours. At an
average labor rate of $85 per hour, this would result in a cost of
about $213 per inspection per helicopter or a total annual inspection
cost for 3 recurring inspections of about $639 per helicopter.
     We assume 1 initial inspection and thereafter 4 recurring
inspections per year for helicopters with a tailboom assembly that has
6,900 or more hours TIS, which would each take 3 hours at the average
labor rate of $85 per hour or $255 per helicopter. Multiplying this
$255 times the 5 recurring inspections, the total annual cost would be
$1,275 per helicopter.
     We assume 1 initial inspection and 12 recurring
inspections per year for helicopters with a tailboom assembly that has
8,600 or more hours TIS. If each inspection takes 3.25 hours, at the
average labor rate of $85 per hour, each inspection would cost about
$276. Multiply $276 times the 13 recurring inspections would result in
a total annual inspection cost of $3,588 per helicopter. We expect the
cost of pilot checks to be minimal.
     Replacing the tailboom would take 10 work hours at an
average labor rate of $85 per hour for a total labor cost of $850 per
helicopter. Parts would cost $82,850 for a total cost per helicopter of
$83,700. Assuming that 5 helicopters per year would need a replacement
tailboom, the fleet replacement cost would total $418,500.

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, 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 to the extent that
it justifies making a regulatory distinction; 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.
    We prepared an economic evaluation of the estimated costs to comply
with this proposed AD and placed it in the AD docket.

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.

Sec.  39.13  [Amended]

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

Bell Helicopter Textron Canada (BHTC): Docket No. FAA-2013-0019;
Directorate Identifier 2010-SW-051-AD.

 (a) Applicability

    This AD applies to BHTC Model 407 helicopters, with tailboom
assembly part number (P/N) 407-030-801-201, 407-030-801-203, or 407-
030-801-205, certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as high-stress-
concentration areas in the tailboom skin that are at risk of
cracking. This condition could result in a crack in the tailboom
assembly, failure of the tailboom, and subsequent loss of helicopter
control.

(c) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(d) Required Actions

    (1) For helicopters with a tailboom assembly that has 8,600 or
more hours time-in-service (TIS):
    (i) Comply with either paragraph (d)(1)(i)(A) or (d)(1)(i)(B):
    (A) Before the first flight of each day, visually check for a
crack in the ``C'' and ``D'' areas depicted in Figures 1 and 2 to
Paragraph (d) of this AD. The actions required by this paragraph may
be performed by the owner/operator (pilot) holding at least a
private pilot certificate, and must be entered into the aircraft
records showing compliance with this AD in accordance with 14 CFR
43.9 (a)(1)-(4) and 14 CFR 91.417(a)(2)(v). The record must be
maintained as required by 14 CFR 91.417, 121.380, or 135.439; or

[GRAPHIC] [TIFF OMITTED] TP01FE13.103

[GRAPHIC] [TIFF OMITTED] TP01FE13.104

    (B) Within 25 hours TIS, or 30 days, whichever comes first, and
thereafter at intervals not to exceed 50 hours TIS, clean and
inspect for a crack around each fastener and just above the edge of
the upper stabilizer support in the ``C'' and ``D'' areas on the
left side of the tailboom assembly, as depicted in Figure 2 to
Paragraph (d) of this AD, using a 10X or higher power magnifying
glass.
    (ii) Comply with the requirements of paragraph (d)(2)(i)(A) or
(d)(2)(i)(B), and paragraph (d)(3) of this AD.
    (2) For helicopters with a tailboom assembly that has 6,900 or
more hours TIS:
    (i) Within 25 hours TIS or 30 days, whichever occurs first,
clean and inspect the tailboom assembly for a crack in the ``H'' and
``I'' areas depicted in Figure 2, Sheet 5, of the BHTC Alert Service
Bulletin No. 407-08-84, dated August 18, 2008, (ASB), by using one
of the two following methods.
    (A) Use a 10X or higher power magnifying glass; thereafter,
repeat the 10X or higher power magnifying glass inspection at
intervals not to exceed 150 hours TIS; or
    (B) Eddy current inspect for a crack in accordance with Appendix
A and Table 1, and by referencing Figures 3 through 7 of the ASB;
thereafter, repeat the eddy current inspection at intervals not to
exceed 500 hours TIS. Use a person qualified to Level II or Level
III per the National Aerospace Standard (NAS) 410 or equivalent
requirements to perform the eddy current inspection.
    (ii) Comply with the requirements of paragraph (d)(3) of this
AD.
    (3) Within 100 hours TIS or at the next tailboom inspection,
whichever comes first, and thereafter at intervals not to exceed 300
hours TIS:
    (i) Clean and inspect the tailboom assembly for a loose rivet, a
crack, or other damage in accordance with Part II, paragraphs 2 and
3, of the ASB; and
    (ii) Using a 10X or higher power magnifying glass, inspect the
tailboom assembly for a loose rivet or a crack in accordance with
Part II, paragraphs 4 through 6, of the ASB.
    (4) If the total accumulated hours TIS on the tailboom assembly
is unknown, assume the tailboom assembly has 8,600 or more hours TIS
and clean and inspect in accordance with paragraph (d)(1) of this
AD.
    (5) If there is a crack in the tailboom assembly, before further
flight, replace it with an airworthy tailboom assembly.

(e) Special Flight Permit

    Special flight permits may be issued in accordance with 14 CFR
21.197 and 21.199 to operate the helicopter to a location where the
requirements of this AD can be accomplished, provided no passenger
is on board and any crack or damage is temporarily repaired using
FAA-approved procedures.

(f) Alternative Methods of Compliance (AMOC)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs
for this AD. Send your proposal to: Sharon Miles, Aerospace
Engineer, FAA, Regulations and Policy Group, 2601 Meacham Blvd.,
Fort Worth, Texas 76137; telephone<PHONE_NUMBER>; fax (817) 222-
5961; email<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office or
certificate holding district office before operating any aircraft
complying with this AD through an AMOC.

(g) Additional Information

    The subject of this AD is addressed in Transport Canada Civil
Aviation (TCCA) AD CF-2009-07, dated March 6, 2009.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 5302, rotorcraft
tailboom.

    Issued in Fort Worth, Texas, on January 9, 2013.
Kim Smith,
Directorate Manager, Rotorcraft Directorate, Aircraft Certification
Service.
[FR Doc. 2013-02253 Filed 1-31-13; 8:45 am]
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