[Federal Register Volume 81, Number 123 (Monday, June 27, 2016)]
[Rules and Regulations]
[Pages 41429-41432]
[FR Doc No: 2016-14752]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-4210; Directorate Identifier 2015-NM-067-AD;
Amendment 39-18567; AD 2016-13-03]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all The
Boeing Company Model 767 airplanes. This AD was prompted by a
determination that certain splice plate locations of the aft pressure
bulkhead web are hidden and cannot be inspected using existing
manufacturer service information. This AD requires repetitive open-hole
high frequency eddy current (HFEC) inspections for cracking of the aft
pressure bulkhead web. We are issuing this AD to detect and correct
cracking in the aft pressure bulkhead web, which could result in rapid
airplane decompression and loss of structural integrity.

DATES: This AD is effective August 1, 2016.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of August 1,
2016.

ADDRESSES: For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Data & Services
Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone
206-544-5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may view this referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
4210.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
4210, or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket

contains this AD, the regulatory evaluation, any comments received, and
other information. The address for the Docket Office (phone: 800-647-
5527) is Document Management Facility, U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Wayne Lockett, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6447; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to all The Boeing Company
Model 767 airplanes. The NPRM published in the Federal Register on
October 30, 2015 (80 FR 66841) (``the NPRM''). The NPRM was prompted by
a determination that certain splice plate locations of the aft pressure
bulkhead web are hidden and cannot be inspected using existing
manufacturer service information. The NPRM proposed to require
repetitive open-hole HFEC inspections for cracking of the aft pressure
bulkhead web. We are issuing this AD to detect and correct cracking in
the aft pressure bulkhead web, which could result in rapid airplane
decompression and loss of structural integrity.

Comments

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

Support of the AD

    FedEx, United Airlines, and United Parcel Service comments
supported the NPRM.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that accomplishing the supplemental
type certificate (STC) ST01920SE does not affect the actions specified
in the NPRM.
    We concur with the commenter. We have redesignated paragraph (c) of
the proposed AD as (c)(1) and added a new paragraph (c)(2) to this AD
to state that installation of STC ST01920SE (http://rgl.faa.gov/
Regulatory_and_Guidance_Library/rgstc.nsf/0/
59027f43b9a7486e86257b1d006591ee/$FILE/ST01920SE.pdf) does not affect
the ability to accomplish the actions required by this final rule.
Therefore, for airplanes on which STC ST01920SE is installed, a
``change in product'' alternative method of compliance (AMOC) approval
request is not necessary to comply with the requirements of 14 CFR
39.17.

Request for Clarification of Applicability in the Service Information

    Vision Airlines requested clarification on the effectivity in the
service information. Vision Airlines stated that the airplane group
numbers, line numbers, and configurations do not cover all airplanes
that are identified in Boeing Alert Service Bulletin 767-53A0266, dated
April 20, 2015. More specifically, Vision Airlines stated that there is
no mention in paragraph 1.E., ``Compliance,'' of Boeing Alert Service
Bulletin 767-53A0266, dated April 20, 2015, of airplane line numbers 1-
175 that have not had the aft pressure bulkhead replaced. Vision
Airlines did receive guidance from Boeing stating that line numbers 1-
175 without the replaced aft pressure bulkhead should use Boeing Alert
Service Bulletin 767-53A0026, Revision 5, dated January 29, 2004, which
is mandated by AD 2005-03-11, Amendment 39-13967 (70 FR 7174, February
11, 2005); corrected March 11, 2005 (70 FR 12119).
    We partially agree. We agree that the table on page 7 of Boeing
Alert Service Bulletin 767-53A0266, dated April 20, 2015, may be
confusing. However, page 7 is part of the Summary section of Boeing
Alert Service Bulletin 767-53A0266, dated April 20, 2015, and is not
mandated by this AD. This AD requires using the effectivity information
specified in paragraph 1.E.,''Compliance'' of Boeing Alert Service
Bulletin 767-53A0266, dated April 20, 2015, which is correct in the
identification of the Group 1 airplanes. The Group 1 airplanes are all
line number 1-175 airplanes on which the aft pressure bulkhead was
replaced in accordance with Boeing Alert Service Bulletin 767-53A0139,
November 12, 2009. If any of these airplanes have not yet had the aft
pressure bulkhead replaced as required by AD 2012-09-08, Amendment 39-
17043, (77 FR 28240, May 14 2012) (``AD 2012-09-08''), then they are
not yet a Group 1 airplane and are not subject to the requirements this
of this AD until the aft pressure bulkhead is replaced. We have not
changed this AD in this regard.

Request To Add ADs to Paragraph (b) of the Proposed AD

    Boeing requested that we add AD 2004-05-16, Amendment 39-13511, (69
FR 10917, March 9, 2004) (``AD 2004-05-16''), AD 2012-09-08, and AD
2014-14-04, Amendment 39-17899 (79 FR 44673, August 1, 2014) (``AD
2014-14-04'') to paragraph (b) of the proposed AD. Boeing stated that
these ADs do not specifically address the splice plate locations, but
the inspection areas defined in these ADs can be interpreted to cover
these locations. Boeing noted that Boeing Alert Service Bulletin 767-
53A0266, dated April 20, 2015, provides information on FAA-approved
AMOCs for ADs 2004-05-16, 2012-09-08, and 2014-14-04.
    We partially agree. We agree that ADs 2004-05-16, 2012-09-08, and
2014-14-04 are ``related'' to this AD because Boeing Alert Service
Bulletin 767-53A0266, dated April 20, 2015, provides information on
FAA-approved AMOCs that could be used for compliance with ADs 2004-05-
16, 2012-09-08, and 2014-14-04. However, we do not agree to revise
paragraph (b) of this AD because it identifies ``affected'' ADs, and
ADs 2004-05-16, 2012-09-08, and 2014-14-04 are not affected by the
requirements of this AD. For example, the requirements of ADs 2004-05-
16, 2012-09-08, and 2014-14-04 are not terminated by any requirements
of this AD. We have not changed this AD in this regard.

Request for Clarification of the Terminating Actions in Paragraph (h)
of the Proposed AD

    Boeing requested that we clarify the terminating actions in
paragraph (h) of the proposed AD. Boeing stated that the existing AD
language is vague, and suggested changing the last sentence of
paragraph (h) to specify the type of repair as a ``reinforcing
repair.'' Boeing pointed out that Boeing Alert Service Bulletin 767-
53A0266, dated April 20, 2015, provides information on specific AMOCs
for existing repairs with damage tolerance evaluation and approval from
Boeing. Boeing asserted that under the existing language non-
reinforcing repairs such as hole enlargements and blending would
terminate any inspections in the area and might not be correctly
evaluated per 14 CFR 26.43.
    We agree that non-reinforcing repairs are not an acceptable method
to terminate the repetitive inspections. We have revised paragraph (h)
of this AD accordingly.

Conclusion

    We reviewed the relevant data, considered the comments received,
and

determined that air safety and the public interest require adopting
this AD with the changes described previously and minor editorial
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 767-53A0266, dated April
20, 2015. The service information describes procedures for removing the
aft row of fasteners from each of the splice plates and doing an open-
hole HFEC inspection for cracking in the aft pressure bulkhead at
station 1582. This service information is reasonably available because
the interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 430 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
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                                                                                Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Repetitive inspections...........  Up to 46 work-hours              $0  Up to $3,910 per     Up to $1,681,300
                                    x $85 per hour =                     inspection cycle.    per inspection
                                    $3,910 per                                                cycle.
                                    inspection cycle.
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    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this AD.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2016-13-03 The Boeing Company: Amendment 39-18567; Docket No. FAA-
2015-4210; Directorate Identifier 2015-NM-067-AD.

(a) Effective Date

    This AD is effective August 1, 2016.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to all The Boeing Company Model 767-200, -
300, -300F, and -400ER series airplanes, certificated in any
category.
    (2) Installation of Supplemental Type Certificate (STC) [STC
ST01920SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/
rgstc.nsf/0/59027f43b9a7486e86257b1d006591ee/$FILE/ST01920SE.pdf)
does not affect the ability to accomplish the actions required by
this AD. Therefore, for airplanes on which STC ST01920SE is
installed, a ``change in product'' alternative method of compliance
(AMOC) approval request is not necessary to comply with the
requirements of 14 CFR 39.17.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a determination that certain splice
plate locations of the aft pressure bulkhead web are hidden and
cannot be inspected using existing manufacturer service information.
We are issuing this AD to detect and correct cracking in the aft
pressure bulkhead web, which could result in rapid airplane
decompression and loss of structural integrity.

(f) Compliance

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

(g) Inspections of Station (STA) 1582 Aft Pressure Bulkhead Web Under
the Pressure Slice Plates

    At the applicable times specified in Table 1 and Table 2 of
paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin
767-53A0266, dated April 20, 2015, except as required by paragraph
(i) of this AD: Do an open-hole high frequency eddy current (HFEC)
inspection for cracking in the aft pressure bulkhead web at STA
1582, and do all applicable corrective actions, in accordance with
the Accomplishment Instructions of Boeing Alert Service Bulletin
767-53A0266, dated April 20, 2015, except as required by paragraph
(h) of this AD. Do all applicable corrective actions before further
flight. Repeat the inspections thereafter at intervals not to exceed
12,000 flight cycles.

(h) Repair

    If any crack is found during any inspection required by this AD,
and Boeing Alert Service Bulletin 767-53A0266, dated April 20, 2015,
specifies to contact Boeing for repair instructions: Before further
flight, repair the crack in accordance with the procedures specified
in paragraph (j) of this AD. Accomplishing a reinforcing repair
terminates the inspections required by paragraph (g) of this AD in
the area under the repair only.

(i) Exceptions to the Service Information

    Where Boeing Alert Service Bulletin 767-53A0266, dated April 20,
2015, specifies a compliance time ``after the original issue date of
this service bulletin,'' this AD requires compliance within the
specified time after the effective date of this AD.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in paragraph (k) of this AD.
Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO, to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.
    (4) Except as required by paragraph (h) of this AD: For service
information that contains steps that are labeled as Required for
Compliance (RC), the provisions of paragraphs (j)(4)(i) and
(j)(4)(ii) apply.
    (i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. An AMOC is required for any deviations to RC steps,
including substeps and identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.

(k) Related Information

    For more information about this AD, contact Wayne Lockett,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft
Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-
3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
 (l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Alert Service Bulletin 767-53A0266, dated April 20,
2015.
    (ii) Reserved.
    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on June 14, 2016.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-14752 Filed 6-24-16; 8:45 am]
 BILLING CODE 4910-13-P