[Federal Register Volume 75, Number 240 (Wednesday, December 15, 2010)]
[Proposed Rules]
[Pages 78198-78202]
[FR Doc No: 2010-31332]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Chapter I

[EPA-HQ-OA-2010-0992 FRL-9239-4]

Proposed Final Policy on Consultation and Coordination With
Indian Tribes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of document for public comment.

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SUMMARY: The Environmental Protection Agency (EPA) is announcing a 60-
day public comment period for the proposed Final EPA Policy on
Consultation and Coordination with Indian Tribes (Policy). The Policy
complies with the Presidential Memorandum on Tribal Consultation issued
November 5, 2009, directing agencies to develop a plan to implement
fully Executive Order 13175 (Executive Order). The Executive Order
specifies that each Agency must have a process that is accountable to
establish regular and meaningful consultation and coordination with
tribal officials in the development of policies that have tribal
implications.
    The goals of the Policy are to: Establish clear EPA standards for
the consultation process, including defining the what, when, and how of
consultation; designate specific EPA personnel responsible for serving
as consultation points of contact in order to promote consistency in,
and coordination of, the consultation process; and establish a
management oversight and reporting structure that will ensure
accountability and transparency. The proposed final Policy sets a broad
standard for when EPA should consider consulting with federally-
recognized tribal governments. Notably, the scope of EPA's proposed
consultation policy is intended to be broader than that found in
Executive Order 13175.
    The Policy reflects the principles expressed in the 1984 EPA Policy
for the Administration of Environmental Programs on Indian Reservations
(1984 Policy) for interacting with tribes. The 1984 Policy remains the
cornerstone for EPA's Indian program and assure[s] that tribal concerns
and interests are considered whenever EPA's actions and/or decisions
may affect tribes.
    EPA is requesting comment on the policy described in this document.

DATES: Comments must be received on or before February 16, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. [EPA-HQ-
OA-2010-0992], by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     Mail: EPA's Proposed Final Policy on Consultation and
Coordination with Indian Tribes, Environmental Protection Agency,
Mailcode: 2822-1T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
     Hand Delivery: EPA Docket Center, EPA West, Room 3334,
1301 Constitution Ave., NW., Washington, DC. Such deliveries are only
accepted during the Docket's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OA-2010-
0992. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov (or e-mail). The http://www.regulations.gov website
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the HQ EPA Docket
Center. EPA's Proposed Final Policy on Consultation and Coordination
with Indian Tribes Docket, EPA/DC, EPA West, Room 3334, 1301
Constitution Ave., NW., Washington, DC. The Public Reading

Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone number for the Public Reading
Room is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: David Guest, Office of International
and Tribal Affairs (MC2690M), Environmental Protection Agency, 1200
Pennsylvania Avenue, NW., Washington, DC 20460; telephone number: (202)
566-2872; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general, tribal
governments, and tribal organizations. Since others also may be
interested, the Agency has not attempted to describe all the specific
entities that may be affected by this action. If you have any questions
regarding the applicability of this action to a particular entity,
consult the point of contact listed under FOR FURTHER INFORMATION
CONTACT.
What should I consider as I prepare my comments for EPA?
    Tips for Preparing Your Comments. When submitting comments,
remember to:
     Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
     Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
     Describe any assumptions and provide any technical
information and/or data that you used.
     If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     Provide specific examples to illustrate your concerns, and
suggest alternatives.
     Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
     Make sure to submit your comments by the comment period
deadline identified.

Table of Contents

I. Policy Statement
II. Background
III. Definitions
IV. Guiding Principles
V. Consultation
    A. The Consultation Process
    B. What Activities May Involve Consultation?
    C. When Consultation Occurs
    D. How Consultation Occurs
VI. Managing the Consultation Process
    A. Roles and Responsibilities
    B. National Consultation Meeting
    C. Reporting
    D. EPA Senior Management Review

I. Policy Statement

    EPA's policy is to consult on a government-to-government basis with
federally recognized tribal governments when EPA actions and decisions
may affect tribal interests. Consultation is a process of meaningful
communication and coordination between EPA and tribal officials prior
to EPA taking actions or implementing decisions that may affect tribes.
As a process, consultation includes several methods of interaction that
may occur at different levels. The appropriate level of interaction is
determined by past and current practices, adjustments made through this
Policy, the continuing dialogue between EPA and tribal governments, and
program and regional office consultation procedures and plans.
    This Policy establishes national guidelines and institutional
controls for consultation across EPA. EPA program and regional offices
have the primary responsibility for consulting with tribes. All program
and regional office consultation plans and practices must be in accord
with this Policy. This Policy seeks to strike a balance between
providing sufficient guidance for purposes of achieving consistency and
predictability and allowing for, and encouraging, the tailoring of
consultation approaches to reflect the circumstances of each
consultation situation and to accommodate the preferences of tribal
governments. The consultation process is further detailed in Section V
of this document.

II. Background

    To put into effect the policy statement above, EPA has developed
this proposed EPA Policy on Consultation and Coordination with Indian
Tribes (Policy). The Policy complies with the Presidential Memorandum
(Memorandum) issued November 5, 2009, directing agencies to develop a
plan to implement fully Executive Order 13175 (Executive Order). The
Executive Order specifies that each Agency must have an accountable
process to ensure meaningful and timely input by tribal officials in
the development of regulatory policies that have tribal implications.
    This Policy reflects the principles expressed in the 1984 EPA
Policy for the Administration of Environmental Programs on Indian
Reservations (1984 Policy) for interacting with tribes. The 1984 Policy
remains the cornerstone for EPA's Indian program and ``assure[s] that
tribal concerns and interests are considered whenever EPA's actions
and/or decisions may affect'' tribes (1984 Policy, p. 3, principle no.
5).
    One of the primary goals of this Policy is to fully implement both
the Executive Order and the 1984 Indian Policy, with the ultimate goal
of strengthening the consultation, coordination, and partnership
between tribal governments and EPA.
    The most basic result of this full implementation is that EPA takes
an expansive view of the need for consultation in line with the 1984
Policy's directive to consider tribal interests whenever EPA takes an
action that may affect tribal interests.
    The Policy is intended to be implemented using existing EPA
structures to the extent possible. The use of current EPA business
processes, such as the Action Development Process, National and
Regional Tribal Operations Committees, and tribal partnership groups is
purposeful so that consultation with tribal governments becomes a
standard EPA practice and not an additional requirement.
    The issuance of this Policy supports and guides the development and
use of program and regional office consultation plans and practices
consistent with this Policy.

III. Definitions

    A. Indian tribe or tribe means an Indian or Alaska Native tribe,
band, nation, pueblo, village, or community that the Secretary of the
Interior acknowledges to exist as an Indian tribe pursuant to the
Federally Recognized Indian Tribe List Act of 1944, 25 U.S.C. 479a.
    B. Tribal official means an elected, appointed, or designated
official or employee of a tribe.
    C. Indian country means:
    1. All land within limits of any Indian reservation \1\ under the
jurisdiction of the United States government, notwithstanding the
issuance of any

patent, and, including rights-of-way running through the reservation;
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    \1\ EPA's definition of reservation encompasses both formal
reservations and informal reservations, i.e., trust lands set aside
for Indian tribes. See for example Oklahoma Tax Comm'n v. Sac and
Fox Nation, 508 U.S. 114, 123 (1993); 56 FR 64876, Dec. 12, 1991; or
63 FR 7254, Feb. 12, 1998.
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    2. All dependent Indian communities within the borders of the
United States whether within the original or subsequently acquired
territory thereof, and whether within or without the limits of a state;
and
    3. All Indian allotments, the Indian titles to which have not been
extinguished, including rights-of-way running through the same.

IV. Guiding Principles

    To understand both the purpose and scope of the Policy as well as
the integration of the Policy, Memorandum, and Executive Order, it is
helpful to list principles found in EPA's January 2010 Plan to Develop
a Tribal Consultation and Coordination Policy Implementing Executive
Order 13175:
    EPA's fundamental objective in carrying out its responsibilities in
Indian country is to protect human health and the environment.
    EPA recognizes and works directly with federally recognized tribes
as sovereign entities with primary authority and responsibility for
each tribe's land and membership, and not as political subdivisions of
states or other governmental units.
    EPA recognizes the federal government's trust responsibility, which
derives from the historical relationship between the federal government
and Indian tribes as expressed in certain treaties and federal Indian
law.
    EPA ensures the close involvement of tribal governments and gives
special consideration to their interests whenever EPA's actions may
affect Indian country or other tribal interests.
    When EPA issues involve other federal agencies, EPA carries out its
consultation responsibilities jointly with those other agencies, where
appropriate.
    In addition, it is helpful to note the distinction between this
Policy, federal environmental laws pertaining to public involvement,
and Executive Order 12898, Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations. Under this
Policy, EPA consults with federally recognized tribal governments when
Agency actions and decisions may affect tribal interests. EPA also
recognizes its obligations to involve the public as required by federal
environmental laws. Finally, EPA recognizes the need to be responsive
to the environmental justice concerns of non-federally recognized
tribes, individual tribal members, tribal community-based/grassroots
organizations and other indigenous stakeholders.

V. Consultation

A. The Consultation Process

    To the fullest extent possible, EPA plans to use existing EPA
business operations to put this Policy into effect.
    Tribal officials may request consultation in addition to EPA's
ability to determine what requires consultation. EPA attempts to honor
the tribal government's request with consideration of the nature of the
activity, past consultation efforts, available resources, timing
considerations, and all other relevant factors.
    Consultation at EPA consists of four phases: Identification,
Notification, Input, and Follow-up:
    1. Identification Phase: EPA identifies activities that may be
appropriate for consultation, using the mechanisms described in section
B.2, below. The identification phase should include a determination of
the complexity of the activity, its potential implications for tribes,
and any time and/or resource constraints relevant to the consultation
process. This phase should also include an initial identification of
the potentially affected tribe(s).
    2. Notification Phase: EPA notifies the tribes of activities that
may be appropriate for consultation.
    Notification can occur in a number of ways depending on the nature
of the activity and the number of tribes potentially affected. For
example, EPA may send out a mass mailing to all tribes, may contact the
tribal governments by telephone, or provide notice through other agreed
upon means. EPA normally honors tribal preferences regarding the
specific mode of contact.
    Notification includes sufficient information for tribal officials
to make an informed decision about the desire to continue with
consultation and sufficient information to understand how to provide
informed input.
    Notification should occur sufficiently early in the process to
allow for meaningful input by the tribe(s).
    3. Input Phase: Tribes provide input to EPA on the consultation
matter. This phase may include a range of interactions including
written and oral communications including exchanges of information,
phone calls, meetings, and other appropriate interactions depending
upon the specific circumstances involved. EPA coordinates with tribal
officials during this phase to be responsive to their needs for
information and to provide opportunities to provide, receive, and
discuss input. During this phase, EPA considers the input regarding the
activity in question. EPA may need to undertake subsequent rounds of
consultation if there are significant changes in the originally-
proposed activity or as new issues arise.
    4. Follow-up Phase: EPA provides feedback to the tribes(s) involved
in the consultation to explain how their input was considered in the
final action. This feedback should be a formal, written communication
from a senior EPA official involved to the most senior tribal official
involved in the consultation.

B. What activities may involve consultation?

    1. General Categories of Activities Appropriate for Consultation:
The broad scope of consultation contemplated by this Policy creates a
large number of actions that may be appropriate for consultation.
    The following list of EPA activity categories provides a general
framework from which to begin the determination of whether any
particular action or decision is appropriate for consultation. The
final decision on consultation is normally made after examining the
complexity of the activity, its implications for tribes, time and/or
resource constraints, an initial identification of the potentially
affected tribe(s), application of the mechanisms for identifying
matters for consultation, described below, and interaction with tribal
partnership groups and tribal governments.
    The following, non-exclusive list of EPA activity categories are
normally appropriate for consultation if they may affect a tribe(s):

a. Regulations or rules
b. Policies, guidance documents, directives
c. Budget and priority planning development
d. Legislative comments \2\
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    \2\ Legislative comments are a special case where, due to short
legislative timeframes, consultation in advance of comment
submission may not always be possible. Nevertheless, EPA will strive
to inform tribes when it submits legislative comments on activities
that may affect Indian country or other tribal governmental
interests.
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e. Permits
f. Civil enforcement and compliance monitoring actions \3\
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    \3\ Primary guidance on civil enforcement matters involving
tribes can be found in ``Guidance on the Enforcement Priorities
Outlined in the 1984 Indian Policy,'' and ``Questions and Answers on
the Tribal Enforcement Process.'' This guidance is intended to work
with the Tribal Consultation Policy in a complementary fashion to
ensure appropriate consultation with tribes on civil enforcement
matters. EPA generally does not consult on criminal investigations
and enforcement actions.

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g. Response actions and emergency preparedness \4\
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    \4\ The term response as defined under the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA)
includes removals and remedial actions.
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h. State or tribal authorizations or delegations
i. International Treaties and Agreements
    2. EPA's Mechanisms for Identifying Matters for Consultation: The
mechanisms EPA uses for identifying matters appropriate for
consultation are as follows:
    a. Tribal Government-Requested Consultation. Tribal officials may
request consultation in addition to EPA's ability to determine what
requires consultation. EPA attempts to honor the tribal government's
request with consideration of the nature of the activity, past
consultation efforts, available resources, timing considerations, and
all other relevant factors.
    b. Regulatory Steering Committee (RSC). This committee oversees
EPA's Action Development Process (ADP), which covers all EPA
regulations and non-regulatory actions of national significance. The
RSC identifies matters appropriate for consultation on the
Comprehensive Regulatory Data Form. These forms are available to tribes
in the semiannual Regulatory Agenda as well as in the subset of rules
on the Regulatory Gateway accessed through the EPA website.
    This Policy is not intended to subject additional Agency actions to
the ADP process for the sole purpose of a consultation analysis. Non-
ADP actions are subject to consultation analysis through other
mechanisms identified within the Policy.
    c. National Program Offices and Regional Offices. For those actions
and decisions not in the ADP process, program and regional offices also
determine if consultation is appropriate under this Policy. EPA's
Tribal Consultation Advisors, described below, provide assistance with
that determination. Such determination includes coordination with
national and/or regional tribal partnership groups.
    d. National and Regional Tribal Partnership Groups. EPA meets
regularly with a number of national and regional tribal partnership
groups. These groups assist in the identification of matters that may
be appropriate for consultation.

C. When Consultation Occurs

    Consultation should occur early enough to allow tribes the
opportunity to provide meaningful input that can be considered prior to
EPA deciding whether, how, or when to act on the matter under
consideration. As proposals and options are developed, consultation and
coordination should be continued, to ensure that the overall range of
options and decisions is shared and deliberated by all concerned
parties, including additions or amendments that occur later in the
process.

D. How Consultation Occurs

    There is no single formula for what constitutes appropriate
consultation, and the analysis, planning, and implementation of
consultation should consider all aspects of the action under
consideration. In the case of national rulemaking, a series of meetings
in geographically diverse areas may be appropriate. For more routine
operational matters, a less formal process may be sufficient.

VI. Managing the Consultation Process

A. Roles and Responsibilities

    The following roles and responsibilities have been defined to allow
EPA to effectively implement this Policy. These roles and
responsibilities reflect the fact that, while oversight and
coordination of consultation occurs at EPA headquarters, as a practical
matter, much of the actual consultation activity occurs in EPA's
program and regional offices. The responsibility for initially
analyzing the need for consultation and then subsequently carrying it
out, resides with these offices.
    Designated Consultation Official--In addition to being the EPA's
National Program Manager for the EPA Tribal Program, EPA's Assistant
Administrator for the Office of International and Tribal Affairs (OITA)
is the EPA-Designated Consultation Official under the Executive Order.
    These responsibilities include coordination and implementation of
tribal consultation in accordance with this Policy and Agency
compliance with the 1984 Indian Policy.
    The Designated Consultation Official has the authority for:
Defining EPA actions appropriate for consultation, evaluating the
adequacy of that consultation, and ensuring that EPA program and
regional office consultation practices are consistent with this Policy.
    Per the Memorandum, the Designated Consultation Official reports
annually to OMB on the implementation of the Executive Order.\5\
Further, the Designated Consultation Official certifies compliance with
the Executive Order for applicable EPA activities. The American Indian
Environmental Office (AIEO) is located within OITA and coordinates the
operational details of the Policy and compiles consultation-related
information for the Designated Consultation Official.
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    \5\ Report is filed by August 3rd.
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    2. Assistant Administrators--Assistant Administrators oversee the
consultation process in their respective offices including analysis for
potential consultation and the consultation process. Each program
office is directed to prepare a semi-annual agenda of matters
appropriate for consultation and a brief summary of consultation that
has occurred. The program offices provide this information to AIEO for
reporting to OMB. Each office is directed to designate a Tribal
Consultation Advisor.
    3. Regional Administrators--Regional Administrators oversee the
consultation process in their respective offices including analysis for
potential consultation and the consultation process. Each region is
directed to prepare a semi-annual agenda of matters appropriate for
consultation and a brief summary of consultation that has occurred. The
regions provide this information to AIEO for reporting to OMB. Each
region is directed to designate a Tribal Consultation Advisor.
    4. Tribal Consultation Advisors--Tribal Consultation Advisors
(TCAs) assist in identifying matters appropriate for consultation and
prepare summary information on consultation activities and provide it
to AIEO. TCAs receive and provide advice within their respective
program offices and regions on what actions may be appropriate for
consultation. TCAs also serve as a point-of-contact for EPA staff,
tribal governments, and other parties interested in the consultation
process. TCAs are the in-office subject matter experts to assist staff
and management in the implementation of the Policy.

B. National Consultation Meeting

    OITA/AIEO may convene a periodic National Consultation Meeting to
be chaired by the Designated Consultation Official to review the
consultation process across the Agency.

C. Reporting

    Pursuant to the Memorandum, EPA submits annual progress reports to
OMB on the status of the consultation process and actions and provides
any updates to this Policy.

D. EPA Senior Management Review

    The Designated Consultation Official communicates regularly with
the Assistant and Regional Administrators to review the consultation
system, to consider any matters requiring senior management attention,
and to make adjustments necessary to improve the Policy or its
implementation.
    EPA plans to receive ongoing feedback on the Policy from all
parties to assess its effectiveness and implement improvements.

    Dated: December 8, 2010.
Michael Stahl,
Acting Director American Indian Environmental Office.
[FR Doc. 2010-31332 Filed 12-14-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: July 16, 2009 (Volume 74, Number 135)]
[Proposed Rules]
[Page 34513-34516]
[DOCID:fr16jy09-7]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0642; Directorate Identifier 2009-NM-001-AD]
RIN 2120-AA64

Airworthiness Directives; Boeing Model 767 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 Boeing Model 767 series airplanes. This proposed AD would
require inspections for scribe lines in the fuselage skin at skin lap
joints, the skin at certain external approved repairs, the skin around
external features such as antennas, and the skin at decals; and related
investigative and corrective actions if necessary. This proposed AD

results from reports of scribe lines found at skin lap joints and butt
joints, around external repairs and antennas, and at locations where
external decals had been cut. We are proposing this AD to detect and
correct scribe lines, which can develop into fatigue cracks in the skin
and cause sudden decompression of the airplane.

DATES: We must receive comments on this proposed AD by August 31, 2009.

ADDRESSES: You may send comments 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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
Internet https://www.myboeingfleet.com. You may review copies of the
referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington. For information
on the availability of this material at the FAA, call<PHONE_NUMBER> or
425-227-1152.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov, or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

FOR FURTHER INFORMATION CONTACT: Berhane Alazar, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 917-6577; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-0642;
Directorate Identifier 2009-NM-001-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 indicating that scribe lines have been
found by 11 operators on 13 Boeing Model 767 airplanes. Scribe lines
were found at skin lap joints, butt joints, around external repairs and
antennas, and at locations where external decals had been cut. Many of
the scribe lines appear to have been made when sealant was removed as
part of preparing the airplane for repainting. The Model 767 airplanes
had accumulated between 6,300 and 24,600 total flight cycles. Although
no cracks resulting from scribe lines on Model 767 airplanes have been
reported to Boeing, fatigue cracks can develop in the skin at scribe
line locations. Fatigue cracks, if not corrected, could grow large and
cause sudden decompression of the airplane.

Related ADs

    This proposed AD is similar to two existing ADs. AD 2006-07-12,
amendment 39-14539 (71 FR 16211, March 31, 2006), applies to Boeing
Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. AD
2007-19-07, amendment 39-15198 (72 FR 60244, October 24, 2007), applies
to all Boeing Model 757-200, -200PF, and -200CB series airplanes. Those
ADs require inspections to detect scribe lines in the fuselage skin at
certain lap joints, butt joints, external repair doublers, and other
areas; and related investigative/corrective actions if necessary. Those
actions resulted from reports of fuselage skin cracks adjacent to the
skin lap joints on airplanes that had scribe lines.

Relevant Service Information

    We have reviewed Boeing Alert Service Bulletin 767-53A0193,
Revision 1, dated April 9, 2009. The service bulletin describes
procedures for exploratory detailed inspections to detect scribe lines
along skin lap joints, external features, external approved repairs,
and decals. The service bulletin specifies removing paint and sealant
from affected areas before the initial exploratory inspection. The
compliance times for the exploratory inspections are 25,000, 37,500,
and 50,000 total flight cycles (depending on the inspection location)
plus the first scribe line inspection opportunity; or within 4,000
flight cycles after the date of the service bulletin; whichever occurs
later.
    The service bulletin specifies related investigative actions that
include performing high frequency eddy current or ultrasonic
inspections of the scribe lines to detect cracks, and the service
bulletin specifies corrective actions as either repairing scribe lines
and cracks or contacting Boeing for repair instructions and making the
repair. The service bulletin specifies to repair cracks before further
flight.
    The service bulletin specifies repairing scribe lines before
further flight, except when a limited return to service (LRTS) program
for qualifying scribe lines would allow return to service for a limited
period before scribe lines are repaired. The LRTS program includes
repetitive inspections to detect cracks where scribe lines are found.
To qualify for an LRTS program, scribe lines must meet certain criteria
based on their depth and location. The service bulletin specifies
contacting Boeing for final repair instructions, which would eliminate
the need for the repetitive inspections of the LRTS program. The
repetitive interval for the LRTS program is 1,500 to 9,000 flight
cycles, depending on the depth and location of the scribe lines and the
configuration of the airplane.
    The service bulletin notes that certain inspections would not be
required under the following conditions:
     The airplane had never been stripped or repainted.
     The airplane had never been stripped or repainted under
the wing-to-body fairings.
     No sealant had been removed except in accordance with the
specified sealant removal processes as given in Appendix A of the
service bulletin.
    The service bulletin specifies submitting the exploratory
inspection results to Boeing.

FAA's Determination and Requirements of This Proposed AD

    We are proposing this AD because we evaluated all relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.
This proposed AD would require accomplishing the actions specified in
the service information described previously, except as discussed under
``Differences Between the Proposed AD and Service Bulletin.'' This
proposed AD would also require sending the results of the exploratory
inspections to Boeing.

Differences Between the Proposed AD and Service Bulletin

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

Costs of Compliance

    We estimate that this proposed AD would affect 367 airplanes of
U.S. registry. The following table provides the estimated costs for
U.S. operators to comply with this proposed AD.

                                                                 Table--Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of
                                                                  Average                                         Cost per        U.S.-
                     Action                       Work hours    labor rate                 Parts                   product     registered    Fleet cost
                                                                 per hour                                                       airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Exploratory Inspections........................          340           $80   None.............................      $27,200           367    $9,982,400
--------------------------------------------------------------------------------------------------------------------------------------------------------

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), and
    3. 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.
    You can find our regulatory evaluation and the estimated costs of
compliance 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

    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]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Boeing: Docket No. FAA-2009-0642; Directorate Identifier 2009-NM-
001-AD.

Comments Due Date

    (a) We must receive comments by August 31, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 767-200, -300, -300F, and -
400ER series airplanes, certificated in any category, as identified
in Boeing Alert Service Bulletin 767-53A0193, Revision 1, dated
April 9, 2009.

Subject

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

Unsafe Condition

    (e) This AD results from reports of scribe lines found at skin
lap joints, butt joints, around external repairs and antennas, and
at locations where external decals had been cut. We are issuing this
AD to detect and correct scribe lines, which can develop into
fatigue cracks in the skin and cause sudden decompression of the
airplane.

Compliance

    (f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Inspection

    (g) At the applicable times specified in paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 767-53A0193,
Revision 1, dated April 9, 2009, except as provided in paragraph (h)
of this AD, do detailed exploratory inspections for scribe lines of
skin lap joints, butt joints, around external repairs and antennas,
and at locations where external decals may have been cut. Do all
applicable related investigative and corrective actions at the times
specified in the service bulletin, by accomplishing all actions
specified in the Accomplishment Instructions of the service
bulletin, except as provided by paragraph (i) of this AD.

    Note 1:  The inspection exemptions noted in paragraph 1.E. of
Boeing Alert Service Bulletin 767-53A0193, Revision 1, dated April
9, 2009, apply to this AD.

Exceptions to Service Bulletin Specifications

    (h) Where Boeing Alert Service Bulletin 767-53A0193, Revision 1,
dated April 9, 2009, specifies a compliance time after ``the

original issue date on this service bulletin,'' this AD requires
compliance within the specified compliance time after the effective
date of this AD.
    (i) Where Boeing Alert Service Bulletin 767-53A0193, Revision 1,
dated April 9, 2009, specifies to contact Boeing for appropriate
action, accomplish applicable actions before further flight using a
method approved in accordance with the procedures specified in
paragraph (l) of this AD.

Report

    (j) At the applicable time specified in paragraph (j)(1) or
(j)(2) of this AD: Submit a report of the findings (both positive
and negative) of the inspections required by paragraph (g) of this
AD. Operators may use the reporting form contained in Appendixes B
and C, as applicable, of Boeing Alert Service Bulletin 767-53A0193,
Revision 1, dated April 9, 2009. Send the report to Boeing
Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207.
The report must contain, at a minimum, the inspection results, a
description of any discrepancies found, the airplane serial number,
and the number of flight cycles and flight hours on the airplane.
Under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), the Office of Management and Budget (OMB) has approved the
information collection requirements contained in this AD and has
assigned OMB Control Number 2120-0056.
    (1) If the inspection was done on or after the effective date of
this AD: Submit the report within 30 days after the inspection.
    (2) If the inspection was done before the effective date of this
AD: Submit the report within 30 days after the effective date of
this AD.

Credit for Actions Accomplished Previously

    (k) Actions accomplished previously in accordance with Boeing
Alert Service Bulletin 767-53A0193, dated November 25, 2008, are
considered acceptable for compliance with the applicable actions
specified in this AD.

Alternative Methods of Compliance (AMOCs)

    (l)(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. Send information to
ATTN: Berhane Alazar, Aerospace Engineer, Airframe Branch, ANM-120S,
FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW.,
Renton, Washington 98057-3356; telephone<PHONE_NUMBER>; fax (425)
917-6590. Or, e-mail information to 9-ANM-Seattle-ACO-AMOC-
<EMAIL_ADDRESS>    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
    (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 an
Authorized Representative for the Boeing Commercial Airplanes
Delegation Option Authorization Organization who 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.

    Issued in Renton, Washington, on July 2, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-16872 Filed 7-15-09; 8:45 am]

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