[Federal Register Volume 76, Number 138 (Tuesday, July 19, 2011)]
[Rules and Regulations]
[Pages 42558-42560]
[FR Doc No: 2011-17869]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2011-0287; FRL-9439-8]

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Control of Nitrogen Oxides Emissions from Portland Cement
Kilns

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the Commonwealth of Pennsylvania. The SIP revisions
pertain to the control of nitrogen oxides (NOX) emissions
from Portland cement kilns. EPA is approving these revisions to reduce
emissions from Portland cement kilns in accordance with the
requirements of the Clean Air Act (CAA).

DATES: Effective Date:
    This final rule is effective on August 18, 2011.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2011-0287. All documents in the docket are listed in
the http://www.regulations.gov Web site. Although listed in the
electronic docket, some information is not publicly available, i.e.,
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through http://www.regulations.gov or in hard copy for public inspection during normal
business hours at the Air Protection Division, U.S. Environmental
Protection Agency, Region III, 1650

Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State
submittal are available at the Pennsylvania Department of Environmental
Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Rose Quinto,<PHONE_NUMBER>, or by e-
mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On May 20, 2011 (76 FR 29180), EPA published a notice of proposed
rulemaking (NPR) for the Commonwealth of Pennsylvania. The NPR proposed
approval to the control of NOX emissions from Portland
cement kilns. The formal SIP revision was submitted by the Pennsylvania
Department of the Environmental Protection (PADEP) on July 23, 2010.

II. Summary of SIP Revision

    The SIP revision adds definitions and terms to Title 25 of the
Pennsylvania Code (25 Pa. Code) Chapter 121.1, relating to definitions,
used in the substantive provision of this SIP revision. In addition,
the SIP revision amends the NOX emission standards in the 25
Pa. Code Chapter 145, Subchapter C (Emissions of NOX from
Cement Manufacturing), for Portland cement kilns during the ozone
season, from May 1 through September 30, 2011, and for each year
thereafter. The amendments to the SIP revision are the following:
Standard requirements which include emission requirements; compliance
determination by operating and maintaining continuous emissions
monitoring systems (CEMS) for NOX emissions; compliance
demonstration on a kiln-by-kiln basis, a facility-wide emissions
averaging basis or a system-wide averaging basis; and reporting and
recordkeeping requirements by reporting CEMS emissions data and
maintaining an operating log for each Portland cement kiln on a monthly
basis that is maintained onsite for 5 years.
    Other specific requirements of the control of NOX
emissions from Portland cement kilns and the rationale for EPA's
proposed action are explained in the NPR and will not be restated here.
No public comments were received on the NPR.

III. Final Action

    EPA is approving 25 Pa. Code Chapter 121.1, relating to
definitions, used in the substantive provision of this SIP revision,
and amendments to 25 Pa. Code Chapter 145, Subchapter C (Emissions of
NOX from Cement Manufacturing), for the control of
NOX emissions from Portland cement kilns as a revision to
the Pennsylvania SIP.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 19, 2011. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action, pertaining to Pennsylvania's control of
NOX emissions from Portland cement kilns may not be
challenged later in proceedings to enforce its requirements. (See
section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements.

    Dated: June 27, 2011.
W.C. Early,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart NN--Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph (c)(1) is amended by:

0
a. Revising entries for Sections 145.142 and 145.143.
0
b. Adding entries for Sections 145.144, 145.145 and 145.146.
    The amendments read as follows:

Sec.  52.2020  Identification of plan.

* * * * *
    (c) * * *
    (1) * * *

----------------------------------------------------------------------------------------------------------------
                                                          State                                  Additional
        State citation              Title/subject       effective     EPA approval date       explanation/Sec.
                                                           date                               52.2063 citation
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                                       Title 25--Environmental Protection
----------------------------------------------------------------------------------------------------------------
                                           Article III--Air Resources
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                              Chapter 145--Interstate Pollution Transport Reduction
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                            Subchapter C--Emissions of NOX From Cement Manufacturing
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Section 145.142...............  Definitions..........      6/19/10  7/19/11, [Insert page  Added new definitions
                                                                     number where the       and terms.
                                                                     document begins].
Section 145.143...............  Standard requirements      6/19/10  7/19/11, [Insert page  Added compliance
                                                                     number where the       dates and allowable
                                                                     document begins].      emissions of NOX.
Section 145.144...............  Compliance                 6/19/10  7/19/11, [Insert page  New section.
                                 determination.                      number where the
                                                                     document begins].
Section 145.145...............  Compliance                 6/19/10  7/19/11, [Insert page  New section.
                                 demonstration and                   number where the
                                 reporting                           document begins].
                                 requirements.
Section 145.146...............  Recordkeeping........      6/19/10  7/19/11, [Insert page  New section.
                                                                     number where the
                                                                     document begins].
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2011-17869 Filed 7-18-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: October 17, 2005 (Volume 70, Number 199)]
[Notices]
[Page 60330-60331]
[DOCID:fr17oc05-81]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP05-392-000]

Texas Eastern Transmission, LP; Notice of Intent To Prepare an
Environmental Assessment for the Proposed Accident Storage Enhancement
Project and Request for Comments on Environmental Issues

October 6, 2005.
    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the Accident Storage Enhancement
Project involving construction and operation of facilities by Texas
Eastern Transmission, LP (Texas Eastern) near the town of Accident in
Garrett County, Maryland.\1\ The proposed facilities include new
storage wells, field pipelines and appurtenances, reworking of wellhead
valves, grounding and surge protection modifications, related
facilities. This EA will be used by the Commission in its
decisionmaking process to determine whether the project is in the
public convenience and necessity.
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    \1\ Texas Eastern's application was filed with the Commission
under section 7 of the Natural Gas Act and part 157 of the
Commission's regulations.
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    If you are a landowner receiving this notice, you may be contacted
by a pipeline company representative about the acquisition of an
easement to construct, operate, and maintain the proposed facilities.
The pipeline company would seek to negotiate a mutually acceptable
agreement. However, if the project is approved by the Commission, that
approval conveys with it the right of eminent domain. Therefore, if
easement negotiations fail to produce an agreement, the pipeline
company could initiate condemnation proceedings in accordance with
State law.
    A fact sheet prepared by the FERC entitled ``An Interstate Natural
Gas Facility On My Land? What Do I Need To Know?'' was attached to the
project notice Texas Eastern provided to landowners. This fact sheet
addresses a number of typically asked questions, including the use of
eminent domain and how to participate in the Commission's proceedings.
It is available for viewing on the FERC Internet Web site (http://www.ferc.gov
).

Summary of the Proposed Project

    Texas Eastern is proposing to provide additional working gas
capacity and increase reliability at its Accident Storage Field in
Garrett County, Maryland by increasing injection capability, expanding
the working gas capacity by 3.0 billion cubic feet and enhance
withdrawal. Texas Eastern's proposed activities include:
     Reworking of 38 existing wells;
     Re-enter and drill-out horizontally, 7 wells;
     Installation of communication and grounding/surge
protection on 54 wells;
     Replacement of wellhead valves on 15 wellheads;
     Installation of new slug catcher facilities on three field
laterals;
     Drilling 2 new horizontal wells;
     Installing approximately 0.8 mile of gather pipeline; and
     Construction of 4 new access roads and appurtenant
equipment.
    The general location of the project facilities is shown in Appendix
1.\2\
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    \2\ The appendices referenced in this notice are not being
printed in the Federal Register. Copies of all appendices, other
than Appendix 1 (maps), are available on the Commission's Website at
the ``eLibrary'' link or from the Commission's Public Reference
Room, 888 First Street, NE., Washington, DC 20426, or call (202)
502-8371. For instructions on connecting to eLibrary refer to the
last page of this notice. Copies of the appendices were sent to all
those receiving this notice in the mail.
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Land Requirements for Construction

    Construction of all project facilities, including pipelines, well
pads, access roads, a pipe storage yard and extra workspaces would
impact approximately 21.43 acres.
    Following construction, about 6.32 acres would be maintained as new
aboveground facility sites, access roads, or permanent pipeline right-
of-way. The remaining 15.11 acres of land would be restored and allowed
to revert to its former use.

The EA Process

    The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action whenever it considers the issuance of a
Certificate of Public Convenience and Necessity. NEPA also requires us
to discover and address concerns the public may have about proposals.
This process is referred to as ``scoping''. The main goal of the
scoping process is to focus the analysis in the EA on the important
environmental issues. By this Notice of Intent, the Commission staff
requests public comments on the scope of the issues to address in the
EA. All comments received are considered during the preparation of the
EA. State and local government representatives are encouraged to notify
their constituents of this proposed action and encourage them to
comment on their areas of concern.
    In the EA we \3\ will discuss impacts that could occur as a result
of the construction and operation of the proposed project under these
general headings:
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    \1\ ``We'', ``us'', and ``our'' refer to the environmental staff
of the Office of Energy Projects (OEP).
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     Geology and soils;
     Water resources and wetlands;
     Fisheries, vegetation, and wildlife;
     Endangered and threatened species;
     Land use, recreation, and visual resources;
     Cultural resources;
     Air quality and noise; and
     Reliability and safety.
    We will also evaluate possible alternatives to the proposed project
or portions of the project, and make recommendations on how to lessen
or avoid impacts on the various resource areas.
    Our independent analysis of the issues will be in the EA. Depending
on the comments received during the scoping process, the EA may be
published and mailed to Federal, State, and local agencies, public
interest groups, interested individuals, affected landowners,
newspapers, libraries, and the Commission's official service list for
this proceeding. A comment period will

be allotted for review if the EA is published. We will consider all
comments on the EA before we make our recommendations to the
Commission.
    To ensure your comments are considered, please carefully follow the
instructions in the public participation section beginning on page 4.

Currently Identified Environmental Issues

    We have already identified several issues that we think deserve
attention based on a preliminary review of the proposed facilities and
the environmental information provided by Texas Eastern. This
preliminary list of issues may be changed based on your comments and
our analysis.
     Noise impacts due to well drilling on local residences.
     Wetland and stream impacts.
     Surface water quality in Youghiogheny River watershed.
     Construction and Operations Safety.

Public Participation

    You can make a difference by providing us with your specific
comments or concerns about the project. By becoming a commentor, your
concerns will be addressed in the EA and considered by the Commission.
You should focus on the potential environmental effects of the
proposal, alternatives to the proposal (including alternative
locations/routes), and measures to avoid or lessen environmental
impact. The more specific your comments, the more useful they will be.
Please carefully follow these instructions to ensure that your comments
are received in time and properly recorded:
     Send an original and two copies of your letter to: Magalie
R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First
St., NE., Room 1A, Washington, DC 20426.
     Label one copy of the comments for the attention of OEP/
DG2E--Gas Branch 3.
     Reference Docket No. CP05-392-000.
     Mail your comments so that they will be received in
Washington, DC on or before November 7, 2005.
    Please note that we are continuing to experience delays in mail
deliveries from the U.S. Postal Service. As a result, we will include
all comments that we receive within a reasonable time frame in our
environmental analysis of this project. However, the Commission
strongly encourages electronic filing of any comments or interventions
or protests to this proceeding. See 18 CFR 385.2001(a)(1)(iii) and the
instructions on the Commission's Web site at http://www.ferc.gov under

the ``e-Filing'' link and the link to the User's Guide. Before you can
file comments you will need to create a free account which can be
created on-line.
    We may mail the EA for comment. If you are interested in receiving
it, please return the Information Request (Appendix 3). If you do not
return the Information Request, you will be taken off the mailing list.

Becoming an Intervenor

    In addition to involvement in the EA scoping process, you may want
to become an official party to the proceeding, or ``intervenor''. To
become an intervenor you must file a motion to intervene according to
Rule 214 of the Commission's Rules of Practice and Procedure (18 CFR
385.214). Intervenors have the right to seek rehearing of the
Commission's decision. Motions to Intervene should be electronically
submitted using the Commission's eFiling system at http://www.ferc.gov.

Persons without Internet access should send an original and 14 copies
of their motion to the Secretary of the Commission at the address
indicated previously. Persons filing Motions to Intervene on or before
the comment deadline indicated above must send a copy of the motion to
the Applicant. All filings, including late interventions, submitted
after the comment deadline must be served on the Applicant and all
other intervenors identified on the Commission's service list for this
proceeding. Persons on the service list with email addresses may be
served electronically; others must be served a hard copy of the filing.
    Affected landowners and parties with environmental concerns may be
granted intervenor status upon showing good cause by stating that they
have a clear and direct interest in this proceeding which would not be
adequately represented by any other parties. You do not need intervenor
status to have your environmental comments considered.

Environmental Mailing List

    An effort is being made to send this notice to all individuals,
organizations, and government entities interested in and/or potentially
affected by the proposed project. This includes all landowners who are
potential right-of-way grantors, whose property may be used temporarily
for project purposes, or who own homes within distances defined in the
Commission's regulations of certain aboveground facilities. By this
notice we are also asking governmental agencies, especially those in
Appendix 2, to express their interest in becoming cooperating agencies
for the preparation of the EA.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at 1-866-208-FERC or on the
FERC Internet Web site (http://www.ferc.gov) using the eLibrary link.

Click on the eLibrary link, click on ``General Search'' and enter the
docket number excluding the last three digits in the Docket Number
field. Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at 1-866-208-3676, or for TTY,

contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission now offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries and direct links to
the documents. Go to http://www.ferc.gov/esubscribenow.htm.

    Finally, public meetings or site visits will be posted on the
Commission's calendar located at http://www.ferc.gov/EventCalendar/EventsList.aspx
 along with other related information.

Magalie R. Salas,
Secretary.
[FR Doc. E5-5654 Filed 10-14-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: April 12, 2007 (Volume 72, Number 70)]
[Notices]
[Page 18495]
[DOCID:fr12ap07-87]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

    Upon Written Request, Copies Available From: Securities and
Exchange Commission, Office of Filings and Information Services,
Washington, DC 20549.
    Extension: Form 10-D; OMB Control No. 3235-0604; SEC File No. 270-
544.
    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.) the Securities and Exchange Commission
(``Commission'') is soliciting comments on this collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for approval.
    Form 10-D (17 CFR 249.312) is used by asset-backed issuers to file
periodic distribution reports pursuant to Section 13 or 15(d) under the
Securities Exchange Act 1934 (``Exchange Act'') (15 U.S.C. 78a et seq.)
within 15 days after each required distribution date. The information
provided by Form 10-D is mandatory and all information is made
available to the public upon request. Form 10-D takes approximately 30
hours per response to prepare and is filed by 9,500 respondents. We
estimate that 75% of the 30 hours per response (22.5 hours) is prepared
by the company for a total annual reporting burden of 213,750 hours
(22.5 hours per response x 9,500 responses).
    Written comments are invited on: (a) Whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden imposed by the collection of information; (c) ways to
enhance the quality, utility, and clarity of the information collected;
and (d) ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
    Please direct your written comments to R. Corey Booth, Director/
Chief Information Officer, Securities and Exchange Commission, C/O
Shirley Martinson, 6432 General Green Way, Alexandria, VA 22312; or
send an e-mail to<EMAIL_ADDRESS>
    Dated: April 4, 2007.
Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-6894 Filed 4-11-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 87, Number 40 (Tuesday, March 1, 2022)]
[Proposed Rules]
[Pages 11355-11358]
[FR Doc No: 2022-04276]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0150; Project Identifier MCAI-2021-00839-E]
RIN 2120-AA64

Airworthiness Directives; Rolls-Royce Deutschland Ltd & Co KG
(Type Certificate Previously Held by Rolls-Royce plc) Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Rolls-Royce Deutschland Ltd. & Co KG (RRD) Trent 7000-72 and
Trent 7000-72C model turbofan engines. This proposed AD was prompted by
in-service experience showing that certain high-pressure turbine (HPT)
blades may prematurely deteriorate to an unacceptable condition when
managed in accordance with the inspection intervals in the Time Limits
Manual (TLM). This proposed AD would require initial and repetitive on-
wing borescope inspections (BSIs) of the HPT blades to detect axial
cracking and, depending on the results of the inspections, replacement
of the HPT blade set, as specified in a European Union Aviation Safety
Agency (EASA) AD, which is proposed for incorporation by reference
(IBR). This proposed AD would also require replacement of the HPT blade
set before exceeding a specified number of flight cycles. The FAA is
proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by April 15,
2022.

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 https://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 material that is proposed for IBR in this AD, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999
000; email: [email protected]. You may find this material on the EASA
website at https://ad.easa.europa.eu. For Rolls-Royce service
information identified in this NPRM, contact Rolls-Royce plc, Corporate
Communications, P.O. Box 31, Derby, DE24 8BJ, United Kingdom; phone:
+44 (0)1332 242424; fax: +44 (0)1332 249936; website: https://www.rolls-royce.com/contact-us.aspx. You may view this material at the
FAA, Airworthiness Products Section, Operational Safety Branch, 1200
District Avenue, Burlington, MA 01803. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. It is
also available at https://www.regulations.gov by searching for and
locating Docket No. FAA-2022-0150. For the material identified in this
AD that is not incorporated by reference, contact Rolls-Royce plc,
Corporate Communications, P.O. Box 31, Derby, DE24 8BJ, United Kingdom;
phone: +44 (0)1332 242424; fax: +44 (0)1332 249936; website: https://www.rolls-royce.com/contact-us.aspx.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0150; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this NPRM, the EASA AD,
any comments received, and other information. The street address for
Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Nicholas Paine, Aviation Safety
Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803;
phone:<PHONE_NUMBER>; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-0150; Project Identifier
MCAI-2021-00839-E'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.

    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Nicholas Paine, Aviation Safety Engineer, ECO Branch, FAA, 1200
District Avenue, Burlington, MA 01803. Any commentary that the FAA
receives that is not specifically designated as CBI will be placed in
the public docket for this rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0169, dated July 19, 2021 (EASA
AD 2021-0169), to address an unsafe condition for all RRD Trent 7000-72
and Trent 7000-72C model turbofan engines.
    This proposed AD was prompted by in-service experience showing that
certain HPT blades may prematurely deteriorate to an unacceptable
condition when managed in accordance with the inspection intervals in
the TLM. The manufacturer has issued Rolls-Royce (RR) Alert Non-
Modification Service Bulletin (NMSB) Trent 1000 72-AK449, Revision 2,
dated July 5, 2021 (the Alert NMSB) specifying procedures for
performing initial and repetitive on-wing BSIs of the HPT blades to
detect axial cracking. The Alert NMSB also specifies procedures for
removing the engine from service to replace the HPT blade set before
exceeding a specified number of flight cycles. The compliance time for
the initial and repetitive BSIs of the HPT blades proposed by this AD
meet the TLM inspection intervals for HPT blade, part number KH64485.
The FAA is proposing this AD to prevent failure of the HPT blades. This
condition, if not addressed, could result in failure of the engine, in-
flight shutdown, and loss of the airplane. See EASA AD 2021-0169 for
additional background information.

FAA's Determination

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified about the unsafe condition described in the
EASA AD. The FAA is issuing this NPRM because the agency evaluated all
the relevant information provided by EASA and determined the unsafe
condition described previously is likely to exist or develop in other
products of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2021-0169. EASA AD 2021-0169 specifies
instructions for performing initial and repetitive on-wing BSIs of the
HPT blades to detect axial cracking and, depending on the results of
the inspections, removal from service of the engine for in-shop
replacement of the HPT blade set. EASA AD 2021-0169 also specifies
instructions for replacing HPT blades with a new HPT blade set before
exceeding a specified number of flight cycles.
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in ADDRESSES.

Other Related Service Information

    The FAA reviewed RR Alert NMSB Trent 1000 72-AK449, Revision 2,
dated July 5, 2021. This Alert NMSB specifies procedures for performing
initial and repetitive on-wing BSIs of the HPT blades to detect axial
cracking. The Alert NMSB also specifies procedures for removing the
engine to replace the HPT blade set before exceeding a specified number
of flight cycles.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in EASA AD 2021-0169, described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this proposed AD and except as discussed under
``Differences Between this Proposed AD and the EASA AD.''

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has since
coordinated with other manufacturers and CAAs to use this process. As a
result, the FAA proposes to incorporate by reference EASA AD 2021-0169
in the FAA final rule. This proposed AD would, therefore, require
compliance with EASA AD 2021-0169 in its entirety through that
incorporation, except for any differences identified as exceptions in
the regulatory text of this proposed AD. Using common terms that are
the same as the heading of a particular section in EASA AD 2021-0169
does not mean that operators need comply only with that section. For
example, where the AD requirement refers to ``all required actions and
compliance times,'' compliance with this AD requirement is not limited
to the section titled ``Required Action(s) and Compliance Time(s)'' in
EASA AD 2021-0169. Service information specified by EASA AD 2021-0169
for compliance will be available at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0150 after the FAA final
rule is published.

Differences Between This Proposed AD and the EASA AD

    Where EASA AD 2021-0169 requires compliance from its effective
date, this proposed AD would require using the effective date of this
AD. This proposed AD does not mandate compliance with the ``Remarks''
section of EASA AD 2021-0169.

Interim Action

    The FAA considers that this proposed AD would be an interim action.
If final action is later identified, the FAA might consider additional
rulemaking.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 16 engines installed on airplanes of U.S. Registry.
    The FAA estimates the following costs to comply with this proposed
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
BSI HPT Blades........................  4 work-hours x $85 per                $0            $340          $5,440
                                         hour = $340.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary
replacements that would be required based on the results of the
proposed inspection. The agency has no way of determining the number of
aircraft that might need this replacement:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replace HPT Blade Set.........................  16 work-hours x $85 per hour =        $2,001,780      $2,003,140
                                                 $1,360.
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected operators.

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.
    The FAA is 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

    The FAA 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) Would not affect intrastate aviation in Alaska, and
    (3) Would 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:

Rolls-Royce Deutschland Ltd & Co KG (Type Certificate previously
held by Rolls-Royce plc): Docket No. FAA-2022-0150; Project
Identifier MCAI-2021-00839-E.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by April 15, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Rolls-Royce Deutschland Ltd. & Co KG (Type
Certificate previously held by Rolls-Royce plc) Trent 7000-72 and
Trent 7000-72C model turbofan engines.

(d) Subject

    Joint Aircraft Service Component (JASC) Code 7230, Turbine
Engine Compressor Section.

(e) Unsafe Condition

    This AD was prompted by in-service experience showing that
certain high-pressure turbine (HPT) blades may prematurely
deteriorate to an unacceptable condition when managed in accordance
with the inspection intervals defined in the Time Limits Manual. The
FAA is issuing this AD to prevent failure of the HPT blades. The
unsafe condition, if not addressed, could result in failure of the
engine, in-flight shutdown, and loss of the airplane.

(f) Compliance

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

(g) Required Actions

    Except as specified in paragraph (h) of this AD: Perform all
required actions within the compliance times specified in, and in
accordance with, European Union Aviation Safety Agency AD 2021-0169,
dated July 19, 2021 (EASA AD 2021-0169).

(h) Exceptions to EASA AD 2021-0169

    (1) Where EASA AD 2021-0169 requires compliance from its
effective date, this proposed AD would require using the effective
date of this AD.
    (2) This AD does not require compliance with the ``Remarks''
section of EASA AD 2021-0169.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, ECO Branch, 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
ECO Branch, send it to the attention of the person identified in
paragraph (j)(2) of this AD and email to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(j) Related Information

    (1) For more information about EASA AD 2021-0169, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999
000; email: [email protected]. You may find this material on the
EASA website at https://ad.easa.europa.eu. You may view this
material at the FAA, Airworthiness Products Section, Operational
Safety Branch, 1200 District Avenue, Burlington, MA 01803. For
information on the availability of this material at the FAA, call
(817) 222-5110. This material may be found in the AD docket at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2022-0150.
    (2) For more information about this AD, contact Nicholas Paine,
Aviation Safety Engineer, ECO Branch, FAA, 1200 District Avenue,
Burlington, MA 01803; phone:<PHONE_NUMBER>; email:
[email protected].
    (3) For service information identified in this AD, contact
Rolls-Royce plc, Corporate Communications, P.O. Box 31, Derby, DE24
8BJ, United Kingdom; phone: +44 (0)1332 242424; fax: +44 (0)1332
249936; website: https://www.rolls-royce.com/contact-us.aspx. You
may view this material at the FAA, Airworthiness Products Section,
Operational Safety Branch, 1200 District Avenue, Burlington, MA
01803. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>.

    Issued on February 24, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-04276 Filed 2-28-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 88 (Monday, May 7, 2012)]
[Rules and Regulations]
[Pages 26663-26667]
[FR Doc No: 2012-10570]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0044; Directorate Identifier 2010-NM-059-AD;
Amendment 39-17039; AD 2012-09-04]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Model 767-200, -300,
-300F, and -400ER Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are superseding an existing airworthiness directive (AD)
that applies to The Boeing Company Model 767-200, -300, and -300F
series airplanes. That AD currently requires inspections to detect
cracking or corrosion of the fail-safe straps between the side fitting
of the rear spar bulkhead at body station 955 and the skin; and follow-
on and corrective actions. This new AD expands the applicability; and
adds an inspection for cracking in the fail-safe strap, and repair or
replacement if necessary. This AD was prompted by additional reports of
cracks in 51 fail-safe straps on 41 airplanes; we have also received a
report of a crack found in the ``T'' fitting that connects the fail-
safe strap to the outboard edge of the pressure deck. We are issuing
this AD to detect and correct fatigue cracking or corrosion of the
fail-safe straps and the ``T'' fittings, which could result in cracking
of adjacent structure and consequent reduced structural integrity of
the fuselage.

DATES: This AD is effective June 11, 2012.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of June 11, 2012.
    The Director of the Federal Register approved the incorporation by
reference of certain other publications listed in this AD as of
November 1, 2004 (69 FR 57636, September 27, 2004, as referenced in 70
FR 58000, October 5, 2005).

ADDRESSES: For service information identified in this 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>; email<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 98057-3356. For
information on the availability of this material at the FAA, call 425-
227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at 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 AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (phone:<PHONE_NUMBER>) is Document Management Facility,
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.

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

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2004-19-06 R1, amendment 39-14313 (70 FR 58000,
October 5, 2005). That AD applies to The Boeing Company Model 767-200,
-300, and -300F series airplanes. The NPRM published in the Federal
Register on February 24, 2011 (76 FR 10288). That NPRM proposed to
continue to require inspections to detect cracking or corrosion of the
fail-safe straps between the side fitting of the rear spar bulkhead at
body station 955 and the skin; and follow-on and corrective actions.
That NPRM also proposed to expand the applicability, and add an
inspection for cracking in the fail-safe strap, and repair or
replacement if necessary.

Comments

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

Request To Add Airplanes to Applicability

    Aviation Partners Boeing (APB) asked that we include airplanes in
the NPRM (76 FR 10288, February 24, 2011) that have been modified with
winglets, in accordance with Supplemental Type Certificate (STC)
ST01920SE. APB stated that it completed an analysis of Boeing Alert
Service Bulletin 767-53A0100, Revision 2, dated January 15, 2010, and
determined that the defined rework limits are valid when winglets are
installed. APB added that including these airplanes will reduce the
effort to support requests for alternative methods of compliance
(AMOCs) to the NPRM.
    We acknowledge APB's request to include airplanes modified with
winglets in accordance with the referenced STC in the applicability of
this AD. We received an analysis package from APB which verifies that
the compliance information included in Boeing Alert Service Bulletin
767-53A0100, Revision 2, dated January 15, 2010, is adequate to provide
an acceptable level of safety for airplanes equipped with those
winglets. Those airplanes are listed in the effectivity section of
Revision 2 of this service bulletin, which is identified in the
applicability section of this AD. We have not changed the AD in this
regard. However, since the referenced STC does not affect
accomplishment of the requirements of this AD, we have clarified that
an AMOC is not necessary for these airplanes by adding this provision
in new Note 1 to paragraph (c) of this AD. We have also reidentified
subsequent notes.

Request To Change Supplementary Information Section of NPRM

    Boeing noted that in the Supplementary Information section of the
NPRM (76 FR 10288, February 24, 2011), there is an error under
``Actions Since Existing AD Was Issued.'' Boeing asked for a correction
to the ``flight cycles'' data in the sentence ``Fail-safe straps were
repaired on 33 airplanes with total accumulated flight cycles ranging
from 39,886 to 89,236.'' Boeing stated that the correct flight cycles
range is ``9,250 to 38,490,'' and the correct flight hours range is
``39,886 to 89,236,'' as published in Boeing Alert Service Bulletin
767-53A0100, Revision 2, dated January 15, 2010.
    We agree with Boeing that there is an error in the number of flight
cycles specified under ``Actions Since Existing AD Was Issued;'' the
correct number of flight cycles was inadvertently omitted

from the NPRM (76 FR 10288, February 24, 2011). However, since that
section of the preamble does not reappear in the final rule, no change
to the AD has been made in this regard.

Request To Change the Unsafe Condition

    Boeing asked that we enhance the clarity of the unsafe condition
that is given as the reason for issuing the NPRM (76 FR 10288, February
24, 2011) because the ``T'' fittings should not be included in the
unsafe condition. Boeing noted that the proposed actions are for
detecting and repairing corrosion or cracking of the fail-safe straps.
Boeing added that inspections of the ``T'' fitting were added to
Revision 2, dated January 15, 2010, of Boeing Alert Service Bulletin
767-53A0100, so that a removed/kept ``T'' fitting would be installed in
a condition that contains no detectable damage around the three
fastener holes that connect to the fail-safe strap. Boeing stated that
the inspections are intended only to increase damage detection prior to
installation of a kept ``T'' fitting.
    We agree that emphasizing the fail-safe strap is the main issue in
this AD; however, we do not agree that the unsafe condition should be
changed to remove the reference to the ``T'' fittings. Some ``T''
fitting cracks have been reported since issuance of the existing AD, as
noted in Boeing Alert Service Bulletin 767-53A0100, Revision 2, dated
January 15, 2010; therefore, the ``T'' fitting is part of the unsafe
condition. We have not changed this AD in this regard.

Request To Change Paragraph (k) of This AD

    Continental Airlines (CAL) asked that we change paragraph (k) of
the NPRM (76 FR 10288, February 24, 2011) to include contacting Boeing
with corrosion damage details to obtain further repair instructions
and/or approval. CAL stated that paragraph (k) of the NPRM requires
that the corrosion on the fail-safe straps be repaired in accordance
with the Accomplishment Instructions of Boeing Alert Service Bulletin
767-53A0100, Revision 2, dated January 15, 2010. CAL added that
paragraph 3.B.7 of the Accomplishment Instructions specifies that if
corrosion is found on the fail-safe straps, it should be removed as
given in Chapter 51-10-02 of the Boeing 767 Structural Repair Manual
(SRM). CAL noted that it did not find any information pertaining to the
fail-safe straps when reviewing the SRM for the correct rework limits.
CAL believes the corrosion removal instructions are incomplete.
    We agree that corrosion removal instructions specified in Chapter
51-10-02 of the SRM do not specifically identify how to blend out
corrosion on the fail-safe straps. That chapter contains general
procedures for repairing corrosion (which apply to the fail-safe
straps), which include inspection, repair, and rework limits but does
not contain specific procedures for removing corrosion from fail-safe
straps.
    We have received Boeing Service Bulletin 767-53A0100, Revision 3,
dated February 6, 2012. That revision removes the reference to the SRM
in Step 3.B.7., and instead specifies to contact Boeing for repair
instructions. Therefore we have revised paragraph (k) of this AD to
specify that where Boeing Service Bulletin 767-53A0100, Revision 3,
dated February 6, 2012, specifies to contact Boeing for repair, this AD
requires repair using a method approved in accordance with paragraph
(o) of this AD.
    Boeing Service Bulletin 767-53A0100, Revision 3, dated February 6,
2012, also adds notes and revised steps to provide flexibility and
revised figures to correct errors. These changes include revising a
Standard Operating Practices Manual (SOPM) reference to specify SOPM
20-20-00, adding a fastener code to Figure 28 that was omitted, and
revising cable identification labels in Figures 32 and 34. We have
revised this AD to refer to Boeing Service Bulletin 767-53A0100,
Revision 3, dated February 6, 2012, as the appropriate source of
service information for accomplishing the required actions. We have
added Boeing Alert Service Bulletin 767-53A0100, Revision 2, dated
January 15, 2010, to paragraph (n) of this AD to give credit for doing
actions before the effective date of this AD, using that revision.

Request To Change Certain References in the Service Information

    CAL asked that certain references in Boeing Alert Service Bulletin
767-53A0100, Revision 2, dated January 15, 2010, be changed, as
follows:
    CAL stated that the use of the procedures in the Standard Wiring
Practices Manual, Section 20-20-00, should be allowed for the
resistance check of bonding fasteners during the panel installation.
CAL stated that the standard operating manual reference specified in
the resistance check of bonding fasteners during the panel installation
does not provide the maximum resistance value.
    CAL noted that Figure 28 of the Accomplishment Instructions of
Boeing Alert Service Bulletin 767-53A0100, Revision 2, dated January
15, 2010, which identifies Fastener Code ``B,'' is missing from the top
corner of the panel.
    CAL also noted that the circle control numbers identified in
Figures 32 and 34 of the Accomplishment Instructions of Boeing Alert
Service Bulletin 767-53A0100, Revision 2, dated January 15, 2010, do
not match the aileron control cables and work instructions. CAL stated
that the control cable turnbuckle body station locations are reversed.
    We acknowledge the commenter's concerns regarding the referenced
figures and SOPM. The actions specified in the SOPM and those figures
are only referred to in the service bulletin for optional guidance. As
stated previously, Boeing Service Bulletin 767-53A0100, Revision 3,
dated February 6, 2012, corrects these errors. We have made no change
to the AD in this regard.

Explanation of Additional Changes Made to This AD

    We have made the following changes to this AD:
     Revised certain headers throughout this AD.
     Redesignated Note 2 of the NPRM (76 FR 10288, February 24,
2011) as paragraph (g)(3) in this AD, and redesignated subsequent notes
accordingly.
     Revised the heading for and wording of paragraph (n) of
this AD; this change has not changed the intent of that paragraph.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously--and minor editorial
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (76 FR 10288, February 24, 2011) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (76 FR 10288, February 24, 2011).
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of the AD.

Costs of Compliance

    We estimate that this AD will affect 390 airplanes of U.S.
registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                               Parts                             Cost on U.S.
              Action                       Labor cost           cost     Cost per product         operators
----------------------------------------------------------------------------------------------------------------
Inspection for Model 767-200, -    2 work-hours x $85 per          $0  $170 per inspection   $60,180 per
 300, and -300F airplanes           hour = $170 per                     cycle.                inspection cycle.
 (retained actions from AD          inspection cycle.
 2004[dash]19-06 R1, Amendment
 39[dash]14313 (70 FR 58000,
 October 5, 2005)).
New inspections for all airplanes  2 work-hours x $85 per           0  $170 per inspection   $66,300 per
 (new action).                      hour = $170 per                     cycle.                inspection cycle.
                                    inspection cycle.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary repairs/
replacements that would be required based on the results of the
inspection. We have no way of determining the number of aircraft that
might need these repairs/replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
               Action                         Labor cost                Parts cost           Cost per product
----------------------------------------------------------------------------------------------------------------
Repair or replacement, Groups 1-7,   295 work-hours x $85 per     Between $9,054 and      Between $34,129 and
 10, and 11 airplanes.                hour = $25,075.              $15,837.                $40,912.
Repair or replacement, Groups 8 and  297 work hours x $85 per     Between $32,593 and     Between $57,838 and
 9 airplanes.                         hour = $25,245.              $32,727.                $57,972.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing airworthiness directive (AD)
2004-19-06 R1, Amendment 39-14313 (70 FR 58000, October 5, 2005), and
adding the following new AD:

2012-09-04 The Boeing Company: Amendment 39-17039; Docket No. FAA-
2011-0044; Directorate Identifier 2010-NM-059-AD.

(a) Effective Date

    This AD is effective June 11, 2012.

(b) Affected ADs

    This AD supersedes AD 2004-19-06 R1, Amendment 39-14313 (70 FR
58000, October 5, 2005).

(c) Applicability

    This AD applies to Model 767-200, -300, -300F, and -400ER series
airplanes, certificated in any category; as identified in Boeing
Service Bulletin 767-53A0100, Revision 3, dated February 6, 2012.

    Note 1 to paragraph (c) of this AD:  Supplemental Type
Certificate (STC) ST01920SE (http://rgl.faa.gov/Regulatory--and--
Guidance--Library/rgstc.nsf/0/082838ee177dbf62862576a4005cdfc0/
$FILE/ST01920SE.pdf) does not affect the ability to accomplish the
actions required by this AD. Therefore, for airplanes on which STC
ST01920SE is installed, a ``change in product'' alternative method
of compliance (AMOC) approval request is not necessary to comply
with the requirements of 14 CFR 39.17. For all other AMOC requests,
the operator must request approval for an AMOC according to
paragraph (o) of this AD.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by additional reports of cracks in 51 fail-
safe straps on 41 airplanes; we have also received a report of a
crack found in the ``T'' fitting that connects the fail-safe strap
to the outboard edge of the pressure deck. We are issuing this AD to
detect and correct fatigue cracking or corrosion of the fail-safe
straps and the ``T'' fittings, which could result in cracking of
adjacent structure and consequent reduced structural integrity of
the fuselage.

(f) Compliance

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

(g) Retained Inspections and Follow-on/Corrective Actions With New
Service Information

    These inspection requirements are retained from AD 2004-19-06
R1, Amendment 39-14313 (70 FR 58000, October 5, 2005). For Model
767-200, -300, and -300F series airplanes having line numbers 1
through 931 inclusive: Except as provided by paragraph (h) of this
AD, prior to the accumulation of 15,000 total flight cycles, or
within 3,000 flight cycles after November 1, 2004 (the effective
date of AD 2004-19-06 R1, Amendment 39-14313, 70 FR 58000, October
5, 2005), whichever occurs later, perform a detailed inspection and
eddy current inspection to detect cracking or corrosion of the fail-
safe straps between the side fitting of the rear spar bulkhead at
body station (BS) 955 and the skin, per Figure 2 of the
Accomplishment Instructions of Boeing Alert Service Bulletin 767-
53A0100, dated September 26, 2002; Boeing Alert Service Bulletin
767-53A0100, Revision 2, dated January 15, 2010; or Boeing Service
Bulletin 767-53A0100, Revision 3, dated February 6, 2012. As of the
effective date of this AD, use only Boeing Alert Service Bulletin
767-53A0100, Revision 3, dated February 6, 2012. Doing the
inspections required by paragraph (i) of this AD terminates the
requirements of this paragraph.
    (1) If no crack or corrosion is found, repeat the inspections
thereafter at intervals not to exceed 6,000 flight cycles or 36
months, whichever occurs first, until paragraph (i) of this AD is
done.
    (2) If any crack or corrosion is found, before further flight,
repair per a method approved by the Manager, Seattle Aircraft
Certification Office (ACO), FAA; or using a method approved in
accordance with paragraph (o) of this AD.
    (3) For the purposes of this AD, a detailed inspection is: ``An
intensive examination of a specific item, installation, or assembly
to detect damage, failure, or irregularity. Available lighting is
normally supplemented with a direct source of good lighting at an
intensity deemed appropriate. Inspection aids such as mirror,
magnifying lenses, etc., may be necessary. Surface cleaning and
elaborate procedures may be required.''

(h) Retained Inspections and Follow-on/Corrective Actions

    These inspection requirements are retained from AD 2004-19-06
R1, Amendment 39-14313 (70 FR 58000, October 5, 2005). For airplanes
identified in paragraph (g) of this AD on which the fail-safe strap
has been replaced before November 1, 2004: Do the actions required
by paragraph (g) of this AD within 12,000 flight cycles after
accomplishing the replacement.

    Note 2 to paragraph (h) of this AD:  Steps 2 and 8 of the Work
Instructions of Boeing Alert Service Bulletin 767-53A0100, dated
September 26, 2002, refer incorrectly to Boeing 767 Airplane
Maintenance Manual (AMM) 32-00-20 for guidance on opening the MLG
doors; the correct reference is Boeing 767 AMM 32-00-15, which is
referred to in steps 3 and 7 of the Work Instructions. Step 2 also
should state ``Open Main Landing Gear (MLG) doors'' instead of
``Open Main Landing Green (MLG) doors.''

(i) New Repetitive Detailed and Eddy Current Inspections

    Prior to the accumulation of 15,000 total flight cycles, or
within 3,000 flight cycles after the effective date of this AD,
whichever occurs later: Perform detailed and eddy current
inspections to detect cracking and/or corrosion of the fail-safe
straps between the side fitting of the rear spar bulkhead at BS 955
and the skin, in accordance with the Accomplishment Instructions of
Boeing Service Bulletin 767-53A0100, Revision 3, dated February 6,
2012. If no crack or corrosion is found, repeat the inspections
thereafter at intervals not to exceed 6,000 flight cycles or 36
months, whichever occurs first. Accomplishing the actions required
by this paragraph ends the requirements of paragraphs (g) and (g)(1)
of this AD.

(j) New Repetitive Ultrasonic Inspections

    Prior to the accumulation of 15,000 total flight cycles, or
within 3,000 flight cycles after the effective date of this AD,
whichever occurs later: Do an ultrasonic inspection of the fail-safe
strap for cracking, and all applicable related investigative
actions, in accordance with the Accomplishment Instructions of
Boeing Service Bulletin 767-53A0100, Revision 3, dated February 6,
2012. Do all applicable related investigative actions before further
flight. If no crack is found, repeat the inspection thereafter at
intervals not to exceed 6,000 flight cycles or 36 months, whichever
occurs first.

(k) New Corrective Actions

    If any corrosion is found during any inspection required by
paragraph (i) of this AD: Before further flight, repair the
corrosion, in accordance with the Accomplishment Instructions of
Boeing Service Bulletin 767-53A0100, Revision 3, dated February 6,
2012; except where Boeing Service Bulletin 767-53A0100, Revision 3,
dated February 6, 2012, specifies to contact Boeing for repair,
before further flight, repair using a method approved in accordance
with paragraph (o) of this AD.

(l) New Corrective Actions

    If any crack is found during any inspection required by
paragraph (i) or (j) of this AD: Before further flight, repair in
accordance with the Accomplishment Instructions of Boeing Service
Bulletin 767-53A0100, Revision 3, dated February 6, 2012; except
where Boeing Service Bulletin 767-53A0100, Revision 3, dated
February 6, 2012, specifies to contact Boeing for appropriate
action, before further flight, repair using a method approved in
accordance with the procedures specified in paragraph (o) of this
AD. Accomplishing the fail-safe strap trim repair in accordance with
Boeing Service Bulletin 767-53A0100, Revision 3, dated February 6,
2012, ends the repetitive inspections required by paragraphs (i) and
(j) of this AD only on the side of the airplane where the repair was
done. Replacing the fail-safe strap with a replacement strap that
has the revised edge configuration in accordance with Boeing Service
Bulletin 767-53A0100, Revision 3, dated February 6, 2012, ends the
repetitive inspections required by paragraphs (i) and (j) of this AD
only on the side of the airplane where the replacement was done.

(m) New Post-Replacement Inspections

    For any replacement strap that does not have a revised edge
configuration, as specified in Boeing Service Bulletin 767-53A0100,
Revision 3, dated February 6, 2012: Within 12,000 flight cycles
after doing the replacement, accomplish the inspections required by
paragraphs (i) and (j) of this AD. Repeat the inspections thereafter
at intervals not to exceed 6,000 flight cycles or 36 months,
whichever occurs first. Replacing the fail-safe strap with a
replacement strap that has the revised edge configuration in
accordance with Boeing Service Bulletin 767-53A0100, Revision 3,
dated February 6, 2012, ends the repetitive inspections required by
paragraphs (i) and (j) of this AD only on the side of the airplane
where the replacement was done.

(n) New Credit for Previous Actions

    This paragraph provides credit for actions required by
paragraphs (g) through (m) of this AD, if those actions were
performed before the effective date of this AD using Boeing Alert
Service Bulletin 767-53A0100, Revision 1, dated August 11, 2006; or
Boeing Alert Service Bulletin 767-53A0100, Revision 2, dated January
15, 2010.

(o) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the manager of the
ACO, send it to the attention of the person identified in the
Related Information section of this AD. Information may be emailed
to<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 14 CFR 25.571,
Amendment 45, and the approval must specifically refer to this AD.
    (4) AMOCs approved for AD 2004-19-06, Amendment 39-13800 (69 FR
57636, September 27, 2004); and AD 2004-19-06 R1, Amendment 39-14313
(70 FR 58000, October 5, 2005); are approved as AMOCs for paragraphs
(g) and (h) of this AD, as applicable.

(p) Related Information

    For more information about this AD, contact Berhane Alazar,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle

ACO, 1601 Lind Avenue SW., Renton, Washington 98057-3356; phone:
(425) 917-6577; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(q) Material Incorporated by Reference

    (1) You must use the following service information to do the
actions required by this AD, unless the AD specifies otherwise. The
Director of the Federal Register approved the incorporation by
reference (IBR) under 5 U.S.C. 552(a) and 1 CFR part 51 of the
following service information on the date specified.
    (i) Boeing Service Bulletin 767-53A0100, Revision 3, dated
February 6, 2012, approved for IBR June 11, 2012.
    (ii) Boeing Alert Service Bulletin 767-53A0100, Revision 2,
dated January 15, 2010, approved for IBR June 11, 2012.
    (iii) Boeing Alert Service Bulletin 767-53A0100, dated September
26, 2002; approved for IBR November 1, 2004 (69 FR 57636, September
27, 2004, as referenced in 70 FR 58000, October 5, 2005).
    (2) For service information identified in this 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>; email
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com.
    (3) 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>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr_locations.html.

    Issued in Renton, Washington on April 23, 2012.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-10570 Filed 5-4-12; 8:45 am]
BILLING CODE 4910-13-P