42964 Federal Register / Vol. 77, No. 141 / Monday, July 23, 2012 / Rules and Regulations 

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 

■ 1. The authority citation for part 39 

continues to read as follows: 

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

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

2012–14–03 The Boeing Company: 

Amendment 39–17117; Docket No. 

FAA–2012–0149; Directorate Identifier 

2011–NM–255–AD. 

(a) Effective Date 

This AD is effective August 27, 2012. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to The Boeing Company 

Model 777–200 and –300 series airplanes, 

certificated in any category, as identified in 

Boeing Alert Service Bulletin 777–53A0043, 

dated November 9, 2011. 

(d) Subject 

Joint Aircraft System Component (JASC)/ 

Air Transport Association (ATA) of America 

Code 53, Fuselage. 

(e) Unsafe Condition 

This AD was prompted by reports of 

fatigue cracks in the lap joints, which 

initiated at scribe lines that were made 

during production when maskant was 

removed from the affected skin panels during 

the chemical milling process. We are issuing 

this AD to detect and correct such fatigue 

cracking, which could grow large and cause 

sudden decompression and the inability to 

sustain limit flight and pressure loads. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Inspections and Repair 

Except as provided by paragraph (h)(1) of 

this AD, at the applicable time identified in 

paragraph 1.E., ‘‘Compliance,’’ of Boeing 

Alert Service Bulletin 777–53A0043, dated 

November 9, 2011: Do external phased-array 

ultrasonic inspections to detect cracks of the 

affected fuselage skin lap splices in Sections 

41, 43, and 44, as applicable, in accordance 

with the Accomplishment Instructions of 

Boeing Alert Service Bulletin 777–53A0043, 

dated November 9, 2011. If any crack is 

found, before further flight, repair in 

accordance with the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

777–53A0043, dated November 9, 2011; 

except as required by paragraph (h)(2) of this 

AD. Repeat the inspections of unrepaired 

areas thereafter at intervals not to exceed 

4,200 flight cycles. 

(h) Exception to Service Information 

(1) Where Boeing Alert Service Bulletin 

777–53A0043, dated November 9, 2011, 

specifies a compliance time ‘‘after the 

original issue date on this service bulletin,’’ 

this AD requires compliance within the 

specified compliance time after the effective 

date of this AD. 

(2) Where Boeing Alert Service Bulletin 

777–53A0043, dated November 9, 2011, 

specifies that ‘‘other approved methods’’ may 

be used to install a repair, this AD requires 

that the repair be done using a method 

approved in accordance with the procedures 

specified in paragraph (i) of this AD. 

(i) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Seattle Aircraft 

Certification Office (ACO), FAA, has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. In accordance with 14 CFR 39.19, 

send your request to your principal inspector 

or local Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the ACO, send it to the 

attention of the person identified in the 

Related Information section of this AD. 

Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD if it is approved by the 

Boeing Commercial Airplanes Organization 

Designation Authorization (ODA) that has 

been authorized by the Manager, Seattle 

ACO, to make those findings. For a repair 

method to be approved, the repair must meet 

the certification basis of the airplane, and the 

approval must specifically refer to this AD. 

(j) Related Information 

For more information about this AD, 

contact James Sutherland, Aerospace 

Engineer, Airframe Branch, ANM–120S, 

FAA, Seattle Aircraft Certification Office, 

1601 Lind Avenue SW., Renton, Washington 

98057–3356; phone: 425–917–6533; fax: 425– 

917–6590; email: James.Sutherland@faa.gov. 

(k) Material Incorporated by Reference 

(1) You must use the following service 

information to do the actions required by this 

AD, unless the AD specifies otherwise. The 

Director of the Federal Register approved the 

incorporation by reference (IBR) of the 

following service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(i) Boeing Alert Service Bulletin 777– 

53A0043, dated November 9, 2011. 

(ii) Reserved. 

(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 206–766– 

5680; 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 425–227–1221. 

(4) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, or go 

to: http://www.archives.gov/federal-register/ 

cfr/ibr-locations.html. 

Issued in Renton, Washington, on June 28, 

2012. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–16964 Filed 7–20–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0304; Directorate 

Identifier 2010–NM–103–AD; Amendment 

39–17095; AD 2012–12–15] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are superseding an 

existing airworthiness directive (AD) for 

The Boeing Company Model 757 

Airplanes. That AD currently requires 

revising the Airworthiness Limitations 

(AWLs) section of the Instructions for 

Continued Airworthiness by 

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Federal Register / Vol. 77, No. 141 / Monday, July 23, 2012 / Rules and Regulations 42965 

incorporating new limitations for fuel 

tank systems to satisfy Special Federal 

Aviation Regulation No. 88 

requirements. That AD also requires the 

initial inspection of certain repetitive 

AWL inspections to phase-in those 

inspections, and repair if necessary. 

This new AD requires actions that were 

provided previously as optional actions, 

and would require a certain initial 

inspection to be accomplished for a 

revised AWL. This AD was prompted by 

a report that an AWL required by the 

existing AD must be revised. We are 

issuing this AD to prevent the potential 

for ignition sources inside fuel tanks 

caused by latent failures, alterations, 

repairs, or maintenance actions, which, 

in combination with flammable fuel 

vapors, could result in a fuel tank 

explosion and consequent loss of the 

airplane. 

DATES: This AD is effective August 27, 

2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of August 27, 2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain other publication listed in 

this AD as of June 12, 2008 (73 FR 

25974, May 8, 2008). 

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 206–766–5680; Internet 

https://www.myboeingfleet.com. You 

may review copies of the referenced 

service information at the FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue SW., Renton, Washington. 

For information on the availability of 

this material at the FAA, call 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: 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: Tak 

Kobayashi, Aerospace Engineer, 

Propulsion Branch, ANM–140S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue SW., Renton, 

Washington 98057–3356; phone: 425– 

917–6499; fax: 425–917–6590; email: 

takahisa.kobayashi@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to supersede airworthiness 

directive (AD) AD 2008–10–11, 

Amendment 39–15517 (73 FR 25974, 

May 8, 2008). That AD applies to the 

specified products. The NPRM 

published in the Federal Register on 

April 8, 2011 (76 FR 19710). That NPRM 

proposed to continue to require revising 

the Airworthiness Limitations (AWLs) 

section of the Instructions for Continued 

Airworthiness by incorporating new 

limitations for fuel tank systems to 

satisfy Special Federal Aviation 

Regulation No. 88 requirements, and the 

initial inspection of certain repetitive 

AWL inspections to phase-in those 

inspections, and repair if necessary. 

That NPRM also proposed to require 

actions that were provided previously as 

optional actions, and would require a 

certain initial inspection to be 

accomplished for a revised AWL. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

have considered the comments received. 

Boeing supports the NPRM (76 FR 

19710, April 8, 2011). 

Request To Refer to the Most Recent 

Revision of Service Information 

United Airlines (UAL) requested that 

paragraph (l) of the NPRM (76 FR 19710, 

April 8, 2011) be revised to allow use 

of Boeing Temporary Revision (TR) 09– 

010, dated July 2010, to Section 9, 

‘‘Airworthiness Limitations (AWLs) and 

Certification Maintenance Requirements 

(CMRs),’’ of the Boeing 757 

Maintenance Planning Data (MPD) 

Document, D622N001–9; or Boeing TR 

09–011, dated November 2010, to 

Section 9, ‘‘Airworthiness Limitations 

(AWLs) and Certification Maintenance 

Requirements (CMRs),’’ of the Boeing 

757 MPD Document, D622N001–9; to 

comply with the proposed requirements 

of that paragraph. 

We infer that the commenter would 

like the AD to reference the current 

revision of the service information. We 

agree to revise this AD to refer to the 

most recent revision. We have revised 

paragraph (k) of this AD (paragraph (l) 

of the NPRM (76 FR 19710, April 8, 

2011), and also paragraphs (h), (l), (m), 

and (n) of this AD (paragraphs (h), (m), 

(n), and (o) of the NPRM, respectively) 

to reference Boeing TR 09–011, dated 

November 2010, to Section 9, 

‘‘Airworthiness Limitations (AWLs) and 

Certification Maintenance Requirements 

(CMRs),’’ of the Boeing 757 MPD 

Document, D622N001–9. 

Request To Allow Use of Later 

Revisions to Certain Service 

Information 

UAL requested that additional 

revisions of service information be 

included in paragraphs (s) and (t) of the 

NPRM (76 FR 19710, April 8, 2011). 

UAL noted in particular, the MPD 

revisions approved by the ACO after 

publication of AD 2008–10–11, 

Amendment 39–15517 (73 FR 25974, 

May 8, 2008). Since paragraphs (g), (h), 

and (i) of AD 2008–10–11 allow the use 

of a later revision of the MPD that is 

approved by the Seattle ACO without 

requesting an alternative method of 

compliance (AMOC), UAL believed that 

operators that used those later revisions 

after publication of AD 2008–10–11, 

without an AMOC, for the actions 

required by paragraphs (g), (h), and (i) 

of that AD would be in violation of the 

NPRM because they would not receive 

credit for using those revisions. 

We agree that for paragraph (h) of this 

AD (the restated actions of AD 2008–10– 

11, Amendment 39–15517 (73 FR 

25974, May 8, 2008)), the following 

revisions of the MPD are acceptable. 

Section 9, ‘‘Airworthiness Limitations 

(AWLs) and Certification Maintenance 

Requirements (CMRs),’’ of the Boeing 

757 MPD Document, D622N001–9, 

Revision December 2008; Boeing TR 09– 

010, dated July 2010, to Section 9, 

‘‘Airworthiness Limitations (AWLs) and 

Certification Maintenance Requirements 

(CMRs),’’ of Boeing 757 MPD Document, 

D622N001–9; and Boeing TR 09–011, 

dated November 2010, to Section 9, 

‘‘Airworthiness Limitations (AWLs) and 

Certification Maintenance Requirements 

(CMRs),’’ of the Boeing 757 MPD 

Document, D622N001–9; are the 

acceptable revisions that have been 

approved after June 12, 2008 (the 

effective date of AD 2008–10–11). No 

AMOC approval is needed to use any of 

those three documents. We have revised 

paragraph (h) of this AD accordingly, 

and also paragraphs (k), (l), (m), and (n) 

of this AD (paragraphs (l), (m), (n), and 

(o) of the NPRM (76 FR 19710, April 8, 

2011)) to reference all three MPD 

revisions that are acceptable for 

compliance with the requirements of 

this AD. 

No change is necessary for paragraph 

(g) of this AD, because paragraph (k) of 

this AD (paragraph (l) of the NPRM (76 

FR 19710, April 8, 2011)) (which 

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42966 Federal Register / Vol. 77, No. 141 / Monday, July 23, 2012 / Rules and Regulations 

terminates the requirements of 

paragraph (g) of this AD) has been 

revised to include those three MPD 

revisions. 

Also, no change is necessary to 

paragraph (i) of this AD, because that 

paragraph does not reference service 

information. The paragraph clarifies that 

after accomplishing paragraphs (g) and 

(h) of this AD (except as required by 

paragraphs (k) and (l) of this AD 

respectively), no alternative inspections, 

inspection intervals, or critical design 

configuration control limitations 

(CDCCLs) are acceptable unless 

approved in accordance with the 

procedures specified in paragraph (s) of 

this AD. 

Since we have included the MPD 

revision that was proposed as credit by 

paragraph (s) of the NPRM (76 FR 

19710, April 8, 2011) as an MPD 

revision that is acceptable for 

compliance with this AD, we have 

deleted paragraph (s) of the NPRM (and 

re-identified paragraph (t) of the NPRM 

as paragraph (r)(2) of this AD) from this 

AD. 

We do not agree that any revision to 

paragraph (r)(2) of this AD (paragraph (t) 

of the NPRM (76 FR 19710, April 8, 

2011)) is necessary. Paragraph (r)(2) of 

this AD gives credit for a certain 

revision of the MPD for paragraphs (m) 

and (n) of this AD (paragraphs (n) and 

(o) of the NPRM), which are not a part 

of the existing actions of AD 2008–10– 

11, Amendment 39–15517 (73 FR 

25974, May 8, 2008). We have not 

revised this AD in this regard. 

Request To Revise Wording in Certain 

AWLs 

UAL requested that wording in 

certain AWLs that refer to ‘‘later 

revisions’’ of component maintenance 

manuals (CMMs) be removed. UAL 

noted that the FAA removed references 

to ‘‘a later revision’’ of Section 9 of the 

Boeing 757 MPD Document, D622N001– 

9 (referenced as Boeing TR 09–008, 

dated March 2008, to Section 9, 

‘‘Airworthiness Limitations (AWLs) and 

Certification Maintenance Requirements 

(CMRs),’’ of the Boeing 757 MPD 

Document, D622N001–9, in AD 2008– 

10–11, Amendment 39–15517 (73 FR 

25974, May 8, 2008)), to be consistent 

with FAA policy and with Office of the 

Federal Register regulations for 

approving materials that are 

incorporated by reference. UAL stated 

that section 51.1(f) of the Code of 

Federal Regulations (1 CFR 51.1(f)) 

prohibits the incorporation by reference 

of future amendments or revisions of 

publications, and because specific 

revisions of the Boeing 757 MPD 

Document, D622N001–9, are 

incorporated by reference into the 

Federal Register, UAL believed that the 

MPD should also omit language 

referring to future revisions of CMMs. 

We disagree with the request. 

Paragraphs (g)(3) and (k)(3) (paragraph 

(l)(3) of the NPRM (76 FR 19710, April 

8, 2011)) of this AD do not require 

operators to comply with applicable 

AWLs, but instead, require operators to 

incorporate applicable AWLs into their 

maintenance program. Once those 

applicable AWLs are incorporated into 

the operators’ maintenance programs, 

operators are in compliance with 

paragraphs (g)(3) and (k)(3) of this AD. 

Compliance with the condition defined 

in each AWL is required by section 

91.403(c) of the Federal Aviation 

Regulations (14 CFR 91.403(c)) as stated 

in Note 1 of the NPRM (76 FR 19710, 

April 8, 2011). Because this AD does not 

mandate compliance with the AWLs, 

any documents specified in the AWLs 

are not incorporated by reference in the 

Federal Register, and therefore, section 

51.1(f) of the Code of Federal 

Regulations (1 CFR 51.1(f)) does not 

apply. We have not changed this AD in 

this regard. 

Request To Clarify Differences Between 

Paragraphs (l)(3), (i), and (p) of the 

NPRM (76 FR 19710, April 8, 2011) 

UAL requested further clarification in 

regards to paragraphs (i), (l)(3), and (p) 

of the NPRM (76 FR 19710, April 8, 

2011). UAL noted that certain AWLs 

contain reference to later revisions of 

component maintenance manuals 

(CMMs). However, paragraphs (i) and 

(p) of the NPRM state that once certain 

AWLs are incorporated into the 

maintenance program, ‘‘no alternative 

inspections, intervals, or CDCCLs may 

be used unless * * * approved as an 

AMOC * * *.’’ Given this restriction, 

UAL believes that as long as certain 

AWLs specify ‘‘later revisions’’ of 

certain documents, it would not be 

possible to comply with paragraphs (i) 

and (p) of the NPRM. UAL also asked if 

every future revision of a CMM 

approved by the Seattle ACO would 

require separate AMOC approval to 

satisfy the requirements of paragraphs 

(i) and (p) of the NPRM. 

We agree to provide clarification. 

There is no conflict between the 

requirements of paragraph (k)(3) of this 

AD (paragraph (l)(3) of the NPRM (76 FR 

19710, April 8, 2011)) and paragraphs (i) 

and (o) of this AD. Paragraphs (i) and (o) 

(paragraphs (i) and (p) of the NPRM) of 

this AD prohibit the use of an 

alternative inspection, inspection 

interval, or CDCCL unless it is approved 

as an AMOC. The intent of paragraphs 

(i) and (o) of this AD is to prohibit the 

use of an alternative AWL without 

AMOC approval, as each AWL defines 

an inspection, inspection interval, or 

CDCCL. If an operator desires to use an 

alternative AWL, such as an AWL 

defined in an MPD revision that is 

different from those specified in 

paragraphs (g)(3) and (k)(3) of this AD, 

that operator must obtain AMOC 

approval to use that alternative AWL, as 

required by paragraphs (i) and (o) of this 

AD. Once operators incorporate the 

AWLs required by this AD or alternative 

AWLs that have been approved as an 

AMOC into their maintenance program, 

they are in compliance with the 

requirements of paragraphs (g)(3) and 

(k)(3) of this AD, as applicable. After 

incorporation of the AWLs, operators 

are required to comply with each AWL 

by 14 CFR 91.403(c). Operators are in 

compliance with those AWLs as long as 

they use CMM revisions that have been 

approved by the Seattle ACO. Therefore, 

separate AMOC approval is not 

necessary to use CMM revisions that 

have been approved by the Seattle ACO. 

We have not changed this AD in this 

regard. 

Request To Consolidate Paragraphs (i) 

and (p) of the NPRM (76 FR 19710, 

April 8, 2011) 

UAL requested that we consolidate 

paragraphs (i) and (p) of the NPRM (76 

FR 19710, April 8, 2011) into a single 

paragraph. UAL stated that it found 

what it considers to be an overlap 

between paragraphs (i) and (p) of the 

NPRM. UAL suggested that 

consolidating the paragraphs would 

streamline the AD and reduce confusion 

for operators. 

We disagree. Paragraph (i) of this AD 

is a part of the restatement of the 

existing requirements of AD 2008–10– 

11, Amendment 39–15517 (73 FR 

25974, May 8, 2008), and is for the 

restated requirements of paragraphs (g) 

and (h) of this AD. Paragraph (o) of this 

AD (paragraph (p) of the NPRM (76 FR 

19710, April 8, 2011)) is part of the new 

requirements of this superseding AD, 

and is intended to be effective once the 

revision required by paragraph (k) of 

this AD is done. We have not changed 

this AD in this regard. However, we 

have clarified paragraph (i) of this AD 

by noting that doing the actions 

required by paragraph (k) of this AD is 

an exception to the requirements of 

paragraph (i) of this AD. 

Request To Consolidate the Credit 

Paragraphs 

UAL requested that we consolidate 

paragraphs (j), (s), and (t) of the NPRM 

(76 FR 19710, April 8, 2011) into a 

single paragraph. UAL requested this 

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Federal Register / Vol. 77, No. 141 / Monday, July 23, 2012 / Rules and Regulations 42967 

action for the convenience of providing 

operators a single paragraph to 

reference. In an example that UAL 

provided, UAL suggested combining 

paragraphs (j) and (s) of the NPRM into 

one sub-paragraph with the same 

effective date of June 12, 2008, and 

paragraph (t) of the NPRM as the other 

sub-paragraph with an effective date of 

‘‘before the effective date of this AD.’’ 

We partially agree. Paragraph (s) of 

the NPRM (76 FR 19710, April 8, 2011) 

has been deleted as previously 

discussed. Paragraphs (j) and (t) of the 

NPRM can be consolidated. We have 

removed paragraph (j) of the NPRM, reidentified subsequent paragraphs, and 

relocated the information from 

paragraph (j) of the NPRM to paragraph 

(r)(1) of this AD. The information in 

paragraph (t) of the NPRM is now in 

paragraph (r)(2) of this AD. 

Request To Clarify or Revise the 

Effective Dates in Regards to a Certain 

Revision Level of the MPD Document 

UAL requested that we revise a 

sentence in paragraph (h) of the NPRM 

(76 FR 19710, April 8, 2011) that reads 

‘‘After the effective date of this AD, only 

* * * may be used’’ to allow 6 months 

before requiring operators to use the 

current revision of the MPD when 

complying with the initial inspection 

requirements of paragraph (h) of the 

NPRM. UAL noted that paragraph (h) of 

the NPRM proposed to require use of 

Boeing TR 09–010, dated July 2010, to 

Section 9, ‘‘Airworthiness Limitations 

(AWLs) and Certification Maintenance 

Requirements (CMRs),’’ of Boeing 757 

MPD Document, D622N001–9, 

immediately after the effective date of 

the AD, while paragraph (l) of the 

NPRM would have allowed 6 months to 

incorporate the Boeing TR 09–010, 

dated July 2010, to Section 9, 

‘‘Airworthiness Limitations (AWLs) and 

Certification Maintenance Requirements 

(CMRs),’’ of Boeing 757 MPD Document, 

D622N001–9, into the maintenance 

program. UAL is concerned about the 

effect that such a short compliance time 

could have on airplanes on which the 

operator started the initial inspection 

(using a previous revision of the MPD) 

before the effective date of the AD and 

completes the inspection after the 

effective date of the AD. 

We agree to revise paragraph (h) of 

this AD to allow 6 months after the 

effective date of this AD before 

operators are required to do initial 

inspections using Section 9, 

‘‘Airworthiness Limitations (AWLs) and 

Certification Maintenance Requirements 

(CMRs),’’ of the Boeing 757 MPD 

Document, D622N001–9, Revision 

December 2008; Boeing TR 09–010, 

dated July 2010, to Section 9, 

‘‘Airworthiness Limitations (AWLs) and 

Certification Maintenance Requirements 

(CMRs),’’ of Boeing 757 MPD Document, 

D622N001–9; or Boeing TR 09–011, 

dated November 2010, to Section 9, 

‘‘Airworthiness Limitations (AWLs) and 

Certification Maintenance Requirements 

(CMRs),’’ of the Boeing 757 MPD 

Document, D622N001–9. This change 

would make paragraphs (h) and (k) of 

this AD more consistent with each 

other. 

Request To Confirm Existence of 

Paragraph (h)(2) of the NPRM (76 FR 

19710, April 8, 2011) 

UAL stated that it could not confirm 

the existence of paragraph (h)(2) of the 

NPRM (76 FR 19710, April 8, 2011). 

We agree to provide clarification. 

Paragraph (h)(1)(ii) of this AD 

(paragraph (h)(2) of the NPRM (76 FR 

19710, April 8, 2011)), along with 

paragraphs (h)(1)(i) and (h)(1)(iii) of this 

AD (paragraphs (h)(1) and (h)(3) of the 

NPRM), are located within table 1 to 

paragraph (h)(1) of this AD. We have not 

changed this AD in this regard. 

Request To Allow Use of Certain Hot 

Short Protectors (HSPs) 

UAL requested the addition of a 

paragraph to the NPRM (76 FR 19710, 

April 8, 2011) that would allow the use 

of an HSP that passed a functional test 

described in a manufacturer’s CMM. 

UAL noted that paragraph (r) of the 

NPRM discusses AWL No. 28–AWL–22, 

which specifies that a new unit be used 

during replacement of the HSP. UAL 

stated that Goodrich’s CMM stated that 

the HSP is not repairable, however, the 

inclusion of a functional test procedure 

seems to indicate that an HSP can be 

used if it passes the functional test. 

We disagree. AWL No. 28–AWL–22 as 

specified in the Boeing 757 MPD 

Document revisions required by 

paragraph (k)(3) of this AD (paragraph 

(l)(3) of the NPRM (76 FR 19710, April 

8, 2011)) specifies the use of a new HSP. 

An operator’s failure to comply with 

that AWL would be a violation of 

section 91.403(c) of the Federal Aviation 

Regulations (14 CFR 91.403(c)). 

However, if an operator wants to 

incorporate an alternative AWL that 

allows for use of an HSP unit that 

passed a functional test, that operator 

may request an AMOC under the 

provisions of paragraph(s) of this AD. 

We have not changed this AD in this 

regard. 

Request To Revise Instead of Supersede 

UAL asked why the FAA is proposing 

to supersede AD 2008–10–11, 

Amendment 39–15517 (73 FR 25974, 

May 8, 2008) instead of revising that 

AD. UAL listed 18 revised ADs that 

address the same subject for different 

model airplanes. UAL stated that 

superseding an AD drives many AMOC 

requests and could also set up 

‘‘compliance traps.’’ 

We disagree. This AD requires new 

actions in addition to those originally 

required by AD 2008–10–11, 

Amendment 39–15517 (73 FR 25974, 

May 8, 2008), while the other ADs that 

UAL listed do not require any 

additional action. When additional 

actions must be mandated, we 

supersede the existing AD instead of 

revising the AD. No change to this AD 

has been made in this regard. 

Explanation of Other Changes Made to 

This AD 

We have re-designated Note 4 of the 

NPRM (76 FR 19710, April 8, 2011) as 

paragraph (k)(4) of this AD. We have 

also reviewed Note 4 of the NPRM and 

determined that the reference to 

paragraph (k) of this AD may be 

removed. Paragraph (k)(4) of this AD is 

intended to clarify that this AD does not 

require rework of components that had 

been maintained using acceptable 

methods before the revisions of the 

maintenance program, as originally 

required by paragraph (g) of AD 2008– 

10–11, Amendment 39–15517 (73 FR 

25974, May 8, 2008). 

We have redesignated Note 1 of the 

NPRM (76 FR 19710, April 8, 2011) as 

paragraph (c)(2) of this AD, and 

paragraph (c) of the NPRM as paragraph 

(c)(1) of this AD. 

We have revised the paragraph 

structure of paragraph (h) of this AD. 

Paragraphs (h), (h)(1), (h)(2), and (h)(3) 

of the NPRM (76 FR 19710, April 8, 

2011) are reidentified as paragraphs 

(h)(1), (h)(1)(i), (h)(1)(ii), and (h)(1)(iii) 

of this AD, respectively. We have also 

revised the heading of table 1 of the 

NPRM for more orderly codification 

within the Code of Federal Regulations. 

We have redesignated Notes 2 and 3 

of the NPRM (76 FR 19710, April 8, 

2011) as paragraphs (h)(2), and (h)(3) of 

this AD, respectively. 

We have revised certain headers 

throughout this AD. 

We have revised the wording in 

paragraphs (r)(1) and (r)(2) of this AD 

(paragraphs (j) and (t) of the NPRM (76 

FR 19710, April 8, 2011); this change 

has not changed the intent of these 

paragraphs. 

We have corrected the definition of 

the term ‘‘MPD document’’ throughout 

this AD; this change does not affect the 

intent of any requirement in this AD. 

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42968 Federal Register / Vol. 77, No. 141 / Monday, July 23, 2012 / Rules and Regulations 

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 

19710, April 8, 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 19710, 

April 8, 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 

There are about 990 airplanes of the 

affected design in the worldwide fleet. 

The following table provides the 

estimated costs for U.S. operators to 

comply with this AD. 

ESTIMATED COSTS

Action Work hours Average labor 

rate per hour 

Cost per 

airplane 

Number of 

U.S.-registered 

airplanes 

Fleet cost 

AWLs revision (required by AD 2008–10–11, Amendment 

39–15517 (73 FR 25974, May 8, 2008)) ......................... 8 $85 $680 639 $434,520 

Inspections (required by AD 2008–10–11) .......................... 8 85 680 639 434,520 

AWLs revision (new required action) ................................... 1 85 85 639 54,315 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

Section 106, describes the authority of 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in Subtitle VII, 

Part A, Subpart III, Section 44701, 

‘‘General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We have determined that 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 

■ 1. The authority citation for part 39 

continues to read as follows: 

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

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by 

removing airworthiness directive (AD) 

2008–10–11, Amendment 39–15517 (73 

FR 25974, May 8, 2008), and adding the 

following new AD: 

2012–12–15 The Boeing Company: 

Amendment 39–17095; Docket No. 

FAA–2011–0304; Directorate Identifier 

2011–NM–103–AD. 

(a) Effective Date 

This airworthiness directive (AD) is 

effective August 27, 2012. 

(b) Affected ADs 

This AD supersedes AD 2008–10–11, 

Amendment 39–15517 (73 FR 25974, May 8, 

2008). Certain requirements of this AD 

terminate certain requirements of AD 2008– 

11–07, Amendment 39–15529 (73 FR 30755, 

May 29, 2008); AD 2008–06–03, Amendment 

39–15415 (73 FR 13081, March 12, 2008); 

and AD 2009–06–20, Amendment 39–15857 

(74 FR 12236, March 24, 2009). 

(c) Applicability 

(1) This AD applies to all The Boeing 

Company Model 757–200, –200PF, –200CB, 

and –300 series airplanes, certificated in any 

category. 

(2) This AD requires revisions to certain 

operator maintenance documents to include 

new actions (e.g., inspections) and/or critical 

design configuration control limitations 

(CDCCLs). Compliance with these actions 

and/or CDCCLs is required by 14 CFR 

91.403(c). For airplanes that have been 

previously modified, altered, or repaired in 

the areas addressed by these inspections, the 

operator may not be able to accomplish the 

actions described in the revisions. In this 

situation, to comply with 14 CFR 91.403(c), 

the operator must request approval of an 

alternative method of compliance (AMOC) 

according to paragraph(s) of this AD. The 

request should include a description of 

changes to the required actions that will 

ensure the continued operational safety of 

the airplane. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 28: Fuel. 

(e) Unsafe Condition 

This AD results from a design review of the 

fuel tank systems. The Federal Aviation 

Administration is issuing this AD to prevent 

the potential for ignition sources inside fuel 

tanks caused by latent failures, alterations, 

repairs, or maintenance actions, which, in 

combination with flammable fuel vapors, 

could result in a fuel tank explosion and 

consequent loss of the airplane. 

(f) Compliance 

You are responsible for having the actions 

required by this AD performed within the 

compliance times specified, unless the 

actions have already been done. 

(g) Retained Revision of Airworthiness 

Limitations (AWLs) Section 

This paragraph restates the requirements of 

paragraph (g) of AD 2008–10–11, 

Amendment 39–15517 (73 FR 25974, May 8, 

2008). Before December 16, 2008, revise the 

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Federal Register / Vol. 77, No. 141 / Monday, July 23, 2012 / Rules and Regulations 42969 

AWLs section of the Instructions for 

Continued Airworthiness (ICA) by 

incorporating the information in the 

subsections specified in paragraphs (g)(1) 

through (g)(3) of this AD into the 

maintenance planning data (MPD) document; 

except that the initial inspections specified 

in table 1 to paragraph (h)(1) of this AD must 

be done at the compliance times specified in 

table 1 to paragraph (h)(1) of this AD. 

Accomplishing the requirements of 

paragraph (k) of this AD terminates the 

requirements of this paragraph. 

(1) Subsection E, ‘‘AIRWORTHINESS 

LIMITATIONS—FUEL SYSTEMS,’’ of Boeing 

Temporary Revision (TR) 09–008, dated 

March 2008, to Section 9, ‘‘Airworthiness 

Limitations (AWLs) and Certification 

Maintenance Requirements (CMRs),’’ of the 

Boeing 757 MPD Document, D622N001–9. 

(2) Subsection F, ‘‘PAGE FORMAT: 

SYSTEMS AIRWORTHINESS 

LIMITATIONS,’’ of Boeing TR 09–008, dated 

March 2008, to Section 9, ‘‘Airworthiness 

Limitations (AWLs) and Certification 

Maintenance Requirements (CMRs),’’ of the 

Boeing 757 MPD Document, D622N001–9. 

(3) Subsection G, ‘‘AIRWORTHINESS 

LIMITATIONS—FUEL SYSTEM AWLs,’’ 

AWLs No. 28–AWL–01 through No. 28– 

AWL–24 inclusive, of Boeing TR 09–008, 

dated March 2008, to Section 9, 

‘‘Airworthiness Limitations (AWLs) and 

Certification Maintenance Requirements 

(CMRs),’’ of the Boeing 757 MPD Document, 

D622N001–9. As an optional action, AWLs 

No. 28–AWL–25 and No. 28–AWL–26, as 

identified in Subsection G of Boeing TR 09– 

008, dated March 2008, to Section 9, 

‘‘Airworthiness Limitations (AWLs) and 

Certification Maintenance Requirements 

(CMRs),’’ of the Boeing 757 MPD Document, 

D622N001–9, also may be incorporated into 

the AWLs section of the ICA. 

(h) Retained Initial Inspections and Repair, 

With Revised Service Information 

(1) This paragraph restates the 

requirements of paragraph (h) of AD 2008– 

10–11, Amendment 39–15517 (73 FR 25974, 

May 8, 2008). Do the inspections specified in 

table 1 to paragraph (h)(1) of this AD at the 

compliance time identified in table 1 to 

paragraph (h)(1) of this AD, and repair any 

discrepancy, in accordance with Subsection 

G of Boeing TR 09–008, dated March 2008, 

to Section 9, ‘‘Airworthiness Limitations 

(AWLs) and Certification Maintenance 

Requirements (CMRs),’’ of the Boeing 757 

MPD Document, D622N001–9; Section 9, 

‘‘Airworthiness Limitations (AWLs) and 

Certification Maintenance Requirements 

(CMRs),’’ of the Boeing 757 MPD Document, 

D622N001–9, Revision December 2008; 

Boeing TR 09–010, dated July 2010, to 

Section 9, ‘‘Airworthiness Limitations 

(AWLs) and Certification Maintenance 

Requirements (CMRs),’’ of Boeing 757 MPD 

Document, D622N001–9; or Boeing TR 09– 

011, dated November 2010, to Section 9, 

‘‘Airworthiness Limitations (AWLs) and 

Certification Maintenance Requirements 

(CMRs),’’ of the Boeing 757 MPD Document, 

D622N001–9; except as required by 

paragraph (n) of this AD. The repair must be 

done before further flight. Accomplishing the 

inspections identified in table 1 to paragraph 

(h)(1) of this AD as part of a maintenance 

program before the applicable compliance 

time specified in table 1 paragraph (h)(1) of 

this AD constitutes compliance with the 

requirements of this paragraph. As of 6 

months after the effective date of this AD, 

only Section 9, ‘‘Airworthiness Limitations 

(AWLs) and Certification Maintenance 

Requirements (CMRs),’’ of the Boeing 757 

MPD Document, D622N001–9, Revision 

December 2008; Boeing TR 09–010, dated 

July 2010, to Section 9, ‘‘Airworthiness 

Limitations (AWLs) and Certification 

Maintenance Requirements (CMRs),’’ of 

Boeing 757 MPD Document, D622N001–9; or 

Boeing TR 09–011, dated November 2010, to 

Section 9, ‘‘Airworthiness Limitations 

(AWLs) and Certification Maintenance 

Requirements (CMRs),’’ of the Boeing 757 

MPD Document, D622N001–9; may be used. 

TABLE 1 TO PARAGRAPH (h)(1) OF THIS AD—INITIAL INSPECTIONS

AWL No. Description 

Compliance time 

(whichever occurs later) 

Threshold Grace period 

(i) 28–AWL–01 .... A detailed inspection of external wires 

over the center fuel tank for damaged clamps, wire chafing, and wire 

bundles in contact with the surface of 

the center fuel tank.

Within 120 months since the date of 

issuance of the original standard airworthiness certificate or the date of 

issuance of the original export certificate of airworthiness.

Within 72 months after June 12, 2008 

(the effective date of AD 2008–10– 

11, Amendment 39-15517 (73 FR 

25974, May 8, 2008)). 

(ii) 28–AWL–03 ... A special detailed inspection of the 

lightning shield to ground termination 

on the out-of-tank fuel quantity indicating system to verify functional integrity.

Within 120 months since the date of 

issuance of the original standard airworthiness certificate or the date of 

issuance of the original export certificate of airworthiness.

Within 24 months after June 12, 2008. 

(iii) 28–AWL–14 .. A special detailed inspection of the fault 

current bond of the fueling shutoff 

valve actuator of the center wing tank 

to verify electrical bond.

Within 120 months since the date of 

issuance of the original standard airworthiness certificate or the date of 

issuance of the original export certificate of airworthiness.

Within 60 months after June 12, 2008. 

(2) 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.’’ 

(3) For the purposes of this AD, a special 

detailed inspection is: ‘‘An intensive 

examination of a specific item, installation, 

or assembly to detect damage, failure, or 

irregularity. The examination is likely to 

make extensive use of specialized inspection 

techniques and/or equipment. Intricate 

cleaning and substantial access or 

disassembly procedure may be required.’’ 

(i) No Alternative Inspections, Inspection 

Intervals, or CDCCLs for Paragraphs (g) and 

(h) of This AD 

Except as required by paragraph (k) of this 

AD, after accomplishing the actions specified 

in paragraphs (g) and (h) of this AD, no 

alternative inspections, inspection intervals, 

or CDCCLs may be used unless the 

inspections, intervals, or CDCCLs are 

approved as an AMOC in accordance with 

the procedures specified in paragraph (s) of 

this AD. 

(j) Terminating Action for AD 2008–06–03, 

Amendment 39–15415 (73 FR 13081, March 

12, 2008) 

Incorporating AWLs No. 28–AWL–23, No. 

28–AWL–24, and No. 28–AWL–25 into the 

AWLs section of the ICA in accordance with 

paragraph (g)(3) of this AD or the 

maintenance program in accordance with 

paragraph (k)(3) of this AD terminates the 

action required by paragraph (h)(2) of AD 

2008–06–03, Amendment 39–15415 (73 FR 

13081, March 12, 2008). 

(k) New Revision of Airworthiness 

Limitations (AWLs) Section 

Within 6 months after the effective date of 

this AD, revise the maintenance program by 

incorporating the information in the 

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42970 Federal Register / Vol. 77, No. 141 / Monday, July 23, 2012 / Rules and Regulations 

subsections specified in paragraphs (k)(1) 

through (k)(3) of this AD. Accomplishing the 

actions required by this paragraph terminates 

the requirements of paragraph (g) of this AD. 

(1) Subsection E, ‘‘AIRWORTHINESS 

LIMITATIONS—FUEL SYSTEMS,’’ of 

Section 9, ‘‘Airworthiness Limitations 

(AWLs) and Certification Maintenance 

Requirements (CMRs),’’ of the Boeing 757 

MPD Document, D622N001–9, Revision 

December 2008; Boeing TR 09–010, dated 

July 2010, to Section 9, ‘‘Airworthiness 

Limitations (AWLs) and Certification 

Maintenance Requirements (CMRs),’’ of 

Boeing 757 MPD Document, D622N001–9; or 

Boeing TR 09–011, dated November 2010, to 

Section 9, ‘‘Airworthiness Limitations 

(AWLs) and Certification Maintenance 

Requirements (CMRs),’’ of the Boeing 757 

MPD Document, D622N001–9. 

(2) Subsection F, ‘‘PAGE FORMAT: FUEL 

SYSTEMS AIRWORTHINESS 

LIMITATIONS,’’ of Section 9, 

‘‘Airworthiness Limitations (AWLs) and 

Certification Maintenance Requirements 

(CMRs),’’ of the Boeing 757 MPD Document, 

D622N001–9, Revision December 2008; 

Boeing TR 09–010, dated July 2010, to 

Section 9, ‘‘Airworthiness Limitations 

(AWLs) and Certification Maintenance 

Requirements (CMRs),’’ of Boeing 757 MPD 

Document, D622N001–9; or Boeing TR 09– 

011, dated November 2010, to Section 9, 

‘‘Airworthiness Limitations (AWLs) and 

Certification Maintenance Requirements 

(CMRs),’’ of the Boeing 757 MPD Document, 

D622N001–9. 

(3) Subsection G, ‘‘AIRWORTHINESS 

LIMITATIONS—FUEL SYSTEM AWLs,’’ 

AWLs No. 28–AWL–01 through No. 28– 

AWL–26 inclusive, of Section 9, 

‘‘Airworthiness Limitations (AWLs) and 

Certification Maintenance Requirements 

(CMRs),’’ of the Boeing 757 MPD Document, 

D622N001–9, Revision December 2008; 

Boeing TR 09–010, dated July 2010, to 

Section 9, ‘‘Airworthiness Limitations 

(AWLs) and Certification Maintenance 

Requirements (CMRs),’’ of Boeing 757 MPD 

Document, D622N001–9; or Boeing TR 09– 

011, dated November 2010, to Section 9, 

‘‘Airworthiness Limitations (AWLs) and 

Certification Maintenance Requirements 

(CMRs),’’ of the Boeing 757 MPD Document, 

D622N001–9. 

(4) Notwithstanding any other maintenance 

or operational requirements, components that 

have been identified as airworthy or installed 

on the affected airplanes before the revision 

of the maintenance program, as required by 

paragraph (g) of this AD, do not need to be 

reworked in accordance with the CDCCLs. 

However, once the maintenance program has 

been revised, future maintenance actions on 

these components must be done in 

accordance with the CDCCLs. 

(l) Compliance Time for AWL No. 28–AWL– 

03 

The initial compliance time for AWL No. 

28–AWL–03 of Section 9, ‘‘Airworthiness 

Limitations (AWLs) and Certification 

Maintenance Requirements (CMRs),’’ of the 

Boeing 757 MPD Document, D622N001–9, 

Revision December 2008; Boeing TR 09–010, 

dated July 2010, to Section 9, ‘‘Airworthiness 

Limitations (AWLs) and Certification 

Maintenance Requirements (CMRs),’’ of 

Boeing 757 MPD Document, D622N001–9; or 

Boeing TR 09–011, dated November 2010, to 

Section 9, ‘‘Airworthiness Limitations 

(AWLs) and Certification Maintenance 

Requirements (CMRs),’’ of the Boeing 757 

MPD Document, D622N001–9; is within 120 

months since the date of issuance of the 

original standard airworthiness certificate or 

the date of issuance of the original export 

certificate of airworthiness, or within 24 

months after the effective date of this AD, 

whichever occurs later. Accomplishing the 

actions required by this paragraph terminates 

the requirements of paragraph (h)(2) of this 

AD. 

(m) Initial Inspection Compliance Times for 

AWL No. 28–AWL–25 

The initial inspection compliance time for 

AWL No. 28–AWL–25 of Section 9, 

‘‘Airworthiness Limitations (AWLs) and 

Certification Maintenance Requirements 

(CMRs),’’ of the Boeing 757 MPD Document, 

D622N001–9, Revision December 2008; 

Boeing TR 09–010, dated July 2010, to 

Section 9, ‘‘Airworthiness Limitations 

(AWLs) and Certification Maintenance 

Requirements (CMRs),’’ of Boeing 757 MPD 

Document, D622N001–9; or Boeing TR 09– 

011, dated November 2010, to Section 9, 

‘‘Airworthiness Limitations (AWLs) and 

Certification Maintenance Requirements 

(CMRs),’’ of the Boeing 757 MPD Document, 

D622N001–9; is within 72 months after 

accomplishing Boeing Service Bulletin 757– 

28A0088. 

(n) Initial Inspection Compliance Times for 

AWL No. 28–AWL–26 

The initial inspection compliance time for 

AWL No. 28–AWL–26 of Section 9, 

‘‘Airworthiness Limitations (AWLs) and 

Certification Maintenance Requirements 

(CMRs),’’ of the Boeing 757 MPD Document, 

D622N001–9, Revision December 2008; 

Boeing TR 09–010, dated July 2010, to 

Section 9, ‘‘Airworthiness Limitations 

(AWLs) and Certification Maintenance 

Requirements (CMRs),’’ of Boeing 757 MPD 

Document, D622N001–9; or Boeing TR 09– 

011, dated November 2010, to Section 9, 

‘‘Airworthiness Limitations (AWLs) and 

Certification Maintenance Requirements 

(CMRs),’’ of the Boeing 757 MPD Document, 

D622N001–9; is within 12 months after 

accomplishing Boeing Service Bulletin 757– 

28A0105. 

(o) No Alternative Inspections, Inspection 

Intervals, or CDCCLs After the Actions 

Required by Paragraph (k) of This AD Are 

Done 

After accomplishing the actions specified 

in paragraph (k) of this AD, no alternative 

inspections, inspection intervals, or CDCCLs 

may be used unless the inspections, 

intervals, or CDCCLs are approved as an 

AMOC in accordance with the procedures 

specified in paragraph (s) of this AD. 

(p) Terminating Action for AD 2008–11–07, 

Amendment 39–15529 (73 FR 30755, May 

29, 2008) 

Incorporating AWLs No. 28–AWL–20 and 

No. 28–AWL–26 into the maintenance 

program in accordance with paragraph (k)(3) 

of this AD terminates the actions required by 

paragraphs (j) and (m) of AD 2008–11–07, 

Amendment 39–15529 (73 FR 30755, May 29, 

2008). 

(q) Terminating Action for AD 2009–06–20, 

Amendment 39–15857 (74 FR 12236, March 

24, 2009) 

Incorporating AWL No. 28–AWL–22 into 

the maintenance program in accordance with 

paragraph (k)(3) of this AD terminates the 

actions required by paragraph (h) of AD 

2009–06–20, Amendment 39–15857 (74 FR 

12236, March 24, 2009). 

(r) Credit for Previous Actions 

(1) This paragraph provides credit for 

actions required by paragraphs (g) and (h) of 

this AD, if those actions were done before 

June 12, 2008 (the effective date of AD 2008– 

10–11, Amendment 39–15517 (73 FR 25974, 

May 8, 2008), using Section 9, 

‘‘Airworthiness Limitations (AWLs) and 

Certification Maintenance Requirements 

(CMRs),’’ of the Boeing 757 MPD Document, 

D622N001–9, Revision March 2006; Revision 

October 2006; Revision January 2007; or 

Revision November 2007. 

(2) This paragraph provides credit for 

actions required by paragraphs (m) and (n) of 

this AD, if those actions were done before the 

effective date of this AD, using Boeing TR 

09–008, dated March 2008, to Section 9, 

‘‘Airworthiness Limitations (AWLs) and 

Certification Maintenance Requirements 

(CMRs),’’ of the Boeing 757 MPD Document, 

D622N001–9. 

(s) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Seattle Aircraft 

Certification Office (ACO), FAA, has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. In accordance with 14 CFR 39.19, 

send your request to your principal inspector 

or local Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the ACO, send it to the 

attention of the person identified in the 

Related Information section of this AD. 

Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov. 

(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) AMOCs approved previously for AD 

2008–10–11, Amendment 39–15517 (73 FR 

25974, May 8, 2008), are approved as AMOCs 

for the corresponding provisions of this AD. 

(t) Related Information 

For more information about this AD, 

contact Tak Kobayashi, Aerospace Engineer, 

Propulsion Branch, ANM–140S, FAA, Seattle 

ACO, 1601 Lind Avenue SW., Renton, 

Washington 98057–3356; phone: 425–917– 

6499; fax: 425–917–6590; email: 

takahisa.kobayashi@faa.gov. 

(u) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the following service information 

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Federal Register / Vol. 77, No. 141 / Monday, July 23, 2012 / Rules and Regulations 42971 

under 5 U.S.C. 552(a) and 1 CFR part 51 on 

the date specified. 

(2) You must use the following service 

information to do the actions required by this 

AD, unless the AD specifies otherwise. 

(3) The following service information was 

approved for IBR on August 27, 2012. 

(i) Section 9, ‘‘Airworthiness Limitations 

(AWLs) and Certification Maintenance 

Requirements (CMRs),’’ of the Boeing 757 

Maintenance Planning Data (MPD) 

Document, D622N001–9, Revision December 

2008. 

(ii) Boeing Temporary Revision (TR) 09– 

010, dated July 2010, to Section 9, 

‘‘Airworthiness Limitations (AWLs) and 

Certification Maintenance Requirements 

(CMRs),’’ of Boeing 757 MPD Document, 

D622N001–9. Boeing TR 09–010 is published 

as Section 9 of the Boeing 757 MPD 

Document, D622N001–9, Revision July 2010. 

(iii) Boeing TR 09–011, dated November 

2010, to Section 9, ‘‘Airworthiness 

Limitations (AWLs) and Certification 

Maintenance Requirements (CMRs),’’ of the 

Boeing 757 MPD Document, D622N001–9. 

Boeing TR 09–011 is published as Section 9 

of the Boeing 757 MPD Document, 

D622N001–9, Revision November 2010. 

(4) The following service information was 

approved for IBR on June 12, 2008 (73 FR 

25974, May 8, 2008). 

(i) Boeing TR 09–008, dated March 2008, 

to Section 9, ‘‘Airworthiness Limitations 

(AWLs) and Certification Maintenance 

Requirements (CMRs),’’ of the Boeing 757 

MPD Document, D622N001–9. Boeing TR 

09–008 is published as Section 9 of the 

Boeing 757 Maintenance Planning Data 

(MPD) Document, D622N001–9, Revision 

March 2008. The Boeing 757 MPD Document, 

D622N001–9, Revision March 2008, was 

incorrectly referred to in AD 2008–10–11, 

Amendment 39–15517 (73 FR 25974, May 8, 

2008), as the ‘‘Boeing 757 Maintenance 

Planning Document (MPD) Document, 

D622N001–9, Revision March 2008. 

(ii) Reserved. 

(5) 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 206–766– 

5680; Internet https:// 

www.myboeingfleet.com. 

(6) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221. 

(7) 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 an NARA facility, call 202–741– 

6030, or go to http://www.archives.gov/ 

federal_register/code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on June 6, 

2012. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–17558 Filed 7–20–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0739; Directorate 

Identifier 2012–SW–044–AD; Amendment 

39–17125; AD 2012–14–11] 

RIN 2120–AA64 

Airworthiness Directives; Various 

Restricted Category Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for Arrow 

Falcon Exporters, Inc. (AFE), Rotorcraft 

Development Corporation (RDC), and 

San Joaquin Helicopters (SJH) Model 

OH–58A, OH–58A+, and OH–58C 

helicopters to require inspecting the 

main rotor mast (mast) for a crack. This 

AD is prompted by two reported failures 

of the mast from corrosion-initiated 

fatigue cracking. The actions specified 

by this AD are intended to prevent 

failure of the mast and subsequent loss 

of control of the helicopter. 

DATES: This AD becomes effective 

August 7, 2012. 

We must receive comments on this 

AD by September 21, 2012. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Docket: Go to 

http://www.regulations.gov. Follow the 

online instructions for sending your 

comments electronically. 

• Fax: 202–493–2251. 

• Mail: Send comments to the U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC 20590–0001. 

• Hand Delivery: Deliver to the 

‘‘Mail’’ address between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

Examining the AD Docket: You may 

examine the AD docket on the Internet 

at http://www.regulations.gov or in 

person at the Docket Operations Office 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

The AD docket contains this AD, the 

economic evaluation, any comments 

received, and other information. The 

street address for the Docket Operations 

Office (telephone 800–647–5527) is in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

For service information identified in 

this AD, contact Arrow Falcon 

Exporters, Inc., 2081 South Wildcat 

Way, Porterville, CA 93257; telephone 

(559) 781–8604; fax (559) 781–9271; 

email afe@arrowfalcon.com. 

You may review the referenced 

service information at the FAA, Office 

of the Regional Counsel, Southwest 

Region, 2601 Meacham Blvd., Room 

663, Fort Worth, Texas 76137. 

FOR FURTHER INFORMATION CONTACT: John 

Cecil, Aviation Safety Engineer, Los 

Angeles Aircraft Certification Office, 

Transport Airplane Directorate, FAA, 

3960 Paramount Blvd., Lakewood, CA 

90712; telephone (562) 627–5228; email 

john.cecil@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not provide you with notice and 

an opportunity to provide your 

comments prior to it becoming effective. 

However, we invite you to participate in 

this rulemaking by submitting written 

comments, data, or views. We also 

invite comments relating to the 

economic, environmental, energy, or 

federalism impacts that resulted from 

adopting this AD. The most helpful 

comments reference a specific portion of 

the AD, explain the reason for any 

recommended change, and include 

supporting data. To ensure the docket 

does not contain duplicate comments, 

commenters should send only one copy 

of written comments, or if comments are 

filed electronically, commenters should 

submit them only one time. We will file 

in the docket all comments that we 

receive, as well as a report summarizing 

each substantive public contact with 

FAA personnel concerning this 

rulemaking during the comment period. 

We will consider all the comments we 

receive and may conduct additional 

rulemaking based on those comments. 

Discussion 

AFE reported two failures of a mast 

on an OH–58A+ and an OH–58C 

helicopter used in agricultural spraying 

operations. Investigation revealed that 

the mast failures were caused by fatigue 

cracking, which initiated from corrosion 

pitting found in the threaded section of 

the mast approximately 45 inches from 

mstockstill on DSK4VPTVN1PROD with RULES