[Federal Register Volume 77, Number 54 (Tuesday, March 20, 2012)]
[Rules and Regulations]
[Pages 16147-16151]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6118]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27223; Directorate Identifier 2006-NM-224-AD; 
Amendment 39-16976; AD 2012-05-04]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain The Boeing Company Model 767 airplanes. This AD requires an 
inspection of the number 2 windows to

[[Page 16148]]

determine whether the link arms are in the over-center position, and 
modifying the link arms of the number 2 windows in the flight 
compartment if necessary. This AD also requires the inspection, and 
modification if necessary, for airplanes that replace a modified 
assembly with an unmodified assembly. This AD results from reports of 
the number 2 windows opening during takeoff roll, which has resulted in 
aborted takeoffs. We are issuing this AD to prevent the opening of the 
number 2 windows during takeoff roll, which could adversely affect the 
flightcrew's ability to perform critical takeoff communication and 
result in an aborted takeoff or an unscheduled landing.

DATES: This AD becomes effective April 24, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of April 24, 
2012.

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; email <a href="/cdn-cgi/l/email-protection#dbb6bef5b9b4beb8b4b69bb9b4beb2b5bcf5b8b4b6"><span class="__cf_email__" data-cfemail="f8959dd69a979d9b9795b89a979d91969fd69b9795">[email protected]</span></a>; 
Internet https://www.myboeingfleet.com.

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 (telephone 800-647-5527) is the 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: Emerson Hevia, Aerospace Engineer, 
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle 
Aircraft Certification Office, 1601 Lind Avenue SW., Renton, Washington 
98057-3356; phone: 425-917-6414; fax: 425-917-6590; email: 
<a href="/cdn-cgi/l/email-protection#ea8f878f98998584c4828f9c838baa8c8b8bc48d859c"><span class="__cf_email__" data-cfemail="4e2b232b3c3d212060262b38272f0e282f2f60292138">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Discussion

    The FAA issued a supplemental notice of proposed rulemaking (NPRM) 
to amend 14 CFR part 39 to include an AD that would apply to certain 
Boeing Model 767 airplanes. That supplemental NPRM was published in the 
Federal Register on November 21, 2008 (73 FR 70608). That supplemental 
NPRM proposed to require inspecting the number 2 windows to determine 
whether the link arms are in the over-center position, which would 
determine the need to modify the link arms of the number 2 windows in 
the flight compartment; and doing the inspection and corrective actions 
following any rigging change or replacement of any number 2 window 
assembly.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments received on the 
supplemental NPRM (73 FR 70608, November 21, 2008).

Support for the Supplemental NPRM (73 FR 70608, November 21, 2008)

    Continental Airlines (CAL) concurred with the proposed inspection 
and follow-on corrective action. The Air Line Pilots Association, 
International and UPS agreed with the supplemental NPRM (73 FR 70608, 
November 21, 2008).

Request To Refer to Structural Repair Manual (SRM) in the Service 
Information

    CAL stated that note (f) of Figures 10 and 24 of Boeing Alert 
Service Bulletin 767-56A0010, Revision 1, dated January 24, 2008, needs 
to reference the Boeing 767-400 SRM.
    We referred to Boeing Alert Service Bulletin 767-56A0010, Revision 
1, dated January 24, 2008, as the appropriate source of service 
information in the supplemental NPRM (73 FR 70608, November 21, 2008). 
We agree that note (f) of Figures 10 and 24 of Boeing Alert Service 
Bulletin 767-56A0010, Revision 1, should identify the Boeing 767-400 
SRM. However, since we issued the supplemental NPRM (73 FR 70608, 
November 21, 2008), Boeing has issued Revision 2, dated June 18, 2009, 
of Boeing Service Bulletin 767-56A0010 to clarify airplane/window 
assembly configurations that do not require on-going link arm 
inspections, and correct and/or clarify part numbers, part 
identifications, and other data given in the service bulletin figures. 
The Boeing 767-400 SRM is identified in Boeing Service Bulletin 767-
56A0010, Revision 3, dated March 3, 2011. We have revised paragraphs 
(c) and (g) of this AD to refer to Boeing Service Bulletin 767-56A0010, 
Revision 3, dated March 3, 2011. We have also revised this AD to add 
new paragraph (h) of this AD to give credit to operators for actions 
done before the effective date of this AD in accordance with Boeing 
Alert Service Bulletin 767-56A0010, Revision 1, dated January 24, 2008; 
and Boeing Service Bulletin 767-56A0010, Revision 2, dated June 18, 
2009; and have re-identified subsequent paragraphs accordingly.

Request To Designate Airplane Maintenance Manual (AMM) Task as 
Alternative Method of Compliance (AMOC) for Repeat Inspections

    CAL requested that, for any subsequent inspection of the number 2 
window link arm after the initial inspection (and modification), we 
designate Boeing 767 AMM Task 56-11-02-825-122 within Boeing 767 AMM 
56-11-02/501 as an AMOC to the repeat inspection requirement of the 
supplemental NPRM (73 FR 70608, November 21, 2008). CAL stated that the 
over-center position inspection of the link arm specified in the AMM 
task is part of a comprehensive inspection/check. This task is utilized 
by the maintenance personnel any time the number 2 window is replaced 
or adjusted.
    We partially agree. Boeing Service Bulletin 767-56A0010, Revision 
3, dated March 3, 2011, addresses CAL's AMM suggestion. However, 
Revision 3 has no repetitive inspection. The inspection is done one 
time only, to inspect newly unmodified assemblies, as specified in new 
paragraph (i) of this AD. No further change to the AD is necessary in 
this regard.

Request To Remove Certain Airplanes From the Proposed Applicability

    Boeing stated that subsequent to modification done in accordance 
with Boeing Service Bulletin 767-56A0010, Revision 3, dated March 3, 
2011, the installation of window assembly part numbers that have been 
installed in production on airplanes after line number 929 should be 
considered terminating action.
    From this statement, we infer that Boeing requested that airplanes 
having line numbers 930 and subsequent be excluded from the 
applicability of the supplemental NPRM (73 FR 70608, November 21, 
2008). We agree that airplanes having line numbers 930 and subsequent 
are not affected by this AD for the reason stated by Boeing. These 
airplanes are not listed in the Effectivity of Boeing Service Bulletin 
767-56A0010, Revision 3, dated March 3, 2011. As stated previously, we 
have revised the applicability to refer to Boeing Service Bulletin 767-
56A0010, Revision 3, dated March 3, 2011.

[[Page 16149]]

Request To Clarify Paragraph (f) of the Supplemental NPRM (73 FR 70608, 
November 21, 2008) Regarding Terminating Actions

    Boeing and American Airlines (AAL) stated that modifications done 
in accordance with Boeing Alert Service Bulletin 767-56A0010, Revision 
1, dated January 24, 2008, should be considered a terminating action. 
Boeing added that installing a window having a part number listed in 
paragraph 2.C.3. of Boeing Service Bulletin 767-56A0010, Revision 3, 
dated March 3, 2011, should be considered a terminating action.
    We infer that the commenters requested that we revise paragraph (f) 
of the supplemental NPRM (73 FR 70608, November 21, 2008) to clarify 
that doing the modification terminates the one-time inspection. We 
agree that clarification is needed. We have determined that either 
doing the modification specified in Boeing Service Bulletin 767-
56A0010, Revision 3, dated March 3, 2011, or replacing the window 
assembly with an assembly that has the new part number specified in 
paragraph 2.C.3. of Boeing Service Bulletin 767-56A0010, Revision 3, 
dated March 3, 2011, terminates the inspection requirement of this AD. 
We have added new paragraph (i) to this AD to clarify the terminating 
action.

Request To Clarify Requirement for Removing Window

    AAL requested clarification regarding window removal to accomplish 
the modification. AAL stated that window removal can be done at the 
operator's discretion. We agree that clarification is needed. Boeing 
Service Bulletin 767-56A0010, Revision 3, dated March 3, 2011, does not 
state that window removal is necessary nor does it limit the operator 
from removing the window during modification. Step 14 in Parts 4 and 8 
has been removed from Boeing Service Bulletin 767-56A0010, Revision 3, 
dated March 3, 2011, to eliminate implication of window removal. No 
change has been made to this AD in this regard.

Request To Clarify Compliance Time

    CAL stated that the compliance time has already started with the 
release of Boeing Alert Service Bulletin 767-56A0010, Revision 1, dated 
January 24, 2008. Therefore, CAL proposed that the compliance time 
start with the effective date of the AD.
    From these statements, we infer that the commenter requested that 
we revise paragraph (f) of the supplemental NPRM (73 FR 70608, November 
21, 2008) to clarify the proposed compliance time. We agree that 
clarification is necessary in this regard. We have added new paragraph 
(j) to this AD to specify this exception to Boeing Service Bulletin 
767-56A0010, Revision 3, dated March 3, 2011. We have also revised 
paragraph (g) of this AD to refer to paragraph (j) of this AD, and 
reidentified subsequent paragraphs accordingly.

Request To Revise the AMM

    UPS requested that the Boeing 767 AMM be revised to reflect the 
requirement for inspection and applicable corrective action. UPS 
asserted that neither Section 56-11-02-04, ``Removal/Installation,'' 
nor Section 56-11-02-06, ``Adjustment/Test,'' contains any direction 
for the operator to perform the prescribed inspection of the link arms 
to ensure that they are in the over-center position. UPS stated that 
failure to update these sections would result in an incomplete set of 
instructions for the continued airworthiness of the airplane. We 
acknowledge the commenter's request. The 767 AMM is only listed as a 
reference in Boeing Service Bulletin 767-56A0010, Revision 3, dated 
March 3, 2011. However, the inspection required by paragraph (g) of 
this AD must be done in accordance with Boeing Service Bulletin 767-
56A0010, Revision 3, dated March 3, 2011, which contains illustrations 
that show the over-center position. Therefore, accomplishing the 
instructions in Boeing Service Bulletin 767-56A0010, Revision 3, dated 
March 3, 2011, addresses the identified unsafe condition. We have not 
changed the AD in this regard.

Request To Clarify General Visual Inspection

    AAL requested clarification of the definition of a general visual 
inspection. AAL stated that the definition of a general visual 
inspection listed in Boeing Service Bulletin 767-56A0010, Revision 3, 
dated March 3, 2011, differs from the definition in the Boeing 767 
Maintenance Review Board Report.
    We agree to clarify the definition of a general visual inspection. 
The definition of a general visual inspection is correctly stated as 
the MSG-3 (maintenance steering group) definition in the Accomplishment 
Instructions of Boeing Service Bulletin 767-56A0010, Revision 3, dated 
March 3, 2011. No change has been made to the AD in this regard.

Additional Changes to Proposed AD

    We have included the on-condition costs in the Cost of Compliance 
section of this AD.
    We have added paragraph (d) to this AD to include the Joint 
Aircraft System Component (JASC)/Air Transport Association (ATA) of 
America Code, and re-identified subsequent paragraphs accordingly.
    We have deleted the phrase ``before further flight following any 
rigging change or replacement of any number 2 window assembly,'' from 
paragraph (g) (formerly paragraph (f)) of this AD. Boeing Service 
Bulletin 767-56A0010, Revision 3, dated March 3, 2011, does not specify 
doing an inspection after doing the rigging change or replacing any 
number 2 window assembly. We have determined that this action is not 
necessary to address the identified unsafe condition except for 
airplanes on which modified windows were replaced with unmodified 
windows, as specified in paragraph (i) of this AD.

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:
    <bullet> [Agr]re consistent with the intent that was proposed in 
the SNPRM (73 FR 70608, November 21, 2008) for correcting the unsafe 
condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the SNPRM (73 FR 70608, November 21, 2008).
    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 affects 384 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

[[Page 16150]]



                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
            Action                  Labor cost      Parts cost  Cost per product      Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
General visual inspection.....  1 work-hour x $85           $0  $85 per           $32,640 per inspection cycle.
                                 per hour = $85                  inspection
                                 per inspection                  cycle.
                                 cycle.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary modifications 
that would be required based on the results of the proposed inspection. 
We have no way of determining the number of aircraft that might need 
this modification:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
               Action                        Labor cost               Parts cost            Cost per  product
----------------------------------------------------------------------------------------------------------------
Modifying link arm..................  Up to 19                 Up to $7,013...........  Up to $8,628.
                                       work[dash]hours x $85
                                       per hour = $1,615.
----------------------------------------------------------------------------------------------------------------

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

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]

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

AD-2012-05-04 The Boeing Company: Amendment 39-16976. Docket No. 
FAA-2007-27223; Directorate Identifier 2006-NM-224-AD.

(a) Effective Date

    This AD becomes effective April 24, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 767-200, -300, -
300F, and -400ER series airplanes, certificated in any category, as 
identified in Boeing Service Bulletin 767-56A0010, Revision 3, dated 
March 3, 2011.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 56, Windows.

(e) Unsafe Condition

    This AD results from reports of the number 2 windows in the 
flight compartment opening during takeoff roll, which has resulted 
in aborted takeoffs. We are issuing this AD to prevent the opening 
of the number 2 windows during takeoff roll, which could adversely 
affect the flightcrew's ability to perform critical takeoff 
communication and result in an aborted takeoff or an unscheduled 
landing.

(f) Compliance

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

(g) Inspection

    Do a general visual inspection of the number 2 windows to 
determine whether the link arms are in the over-center position, and 
do all applicable modifications, in accordance with the 
Accomplishment Instructions of Boeing Service Bulletin 767-56A0010, 
Revision 3, dated March 3, 2011, except as provided by paragraph (i) 
of this AD. Except as required by paragraph (j) of this AD, do the 
actions at the applicable times specified in paragraph 1.E., 
``Compliance,'' of Boeing Service Bulletin 767-56A0010, Revision 3, 
dated March 3, 2011. Do all applicable modifications before further 
flight.

(h) Credit for Previous Actions

    This paragraph provides credit for inspections and applicable 
modifications, as required by paragraph (g) of this AD, if those 
actions were done before the effective date of this AD using Boeing 
Alert Service Bulletin 767-56A0010, Revision 1, dated January 24, 
2008; or Boeing Service Bulletin 767-56A0010, Revision 2, dated June 
18, 2009.

(i) Terminating Action and Replacing With an Unmodified Part

    Doing the modification specified in Boeing Service Bulletin 767-
56A0010, Revision 3, dated March 3, 2011, or replacing the assembly 
with a modified assembly identified in paragraph 2.C.3. of Boeing 
Service Bulletin 767-56A0010, Revision 3, dated March 3, 2011, 
terminates the inspection requirement for that particular assembly. 
For airplanes that replace the assembly with an unmodified assembly, 
do the actions required in paragraph (g) of this AD.

[[Page 16151]]

(j) Exception to Service Bulletin Specifications

    Where Boeing Service Bulletin 767-56A0010, Revision 3, dated 
March 3, 2011, specifies a compliance time ``after the Revision 1 
date of the service bulletin,'' this AD requires compliance within 
the specified time after the effective date of this AD.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, has the authority to approve AMOCs for this AD, if requested 
using the procedures found in 14 CFR 39.19. In accordance with 14 
CFR 39.19, send your request to your principal inspector or local 
Flight Standards District Office, as appropriate. If sending 
information directly to the manager of the ACO, send it to the 
attention of the person identified in the Related Information 
section of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#0a33274b444727596f6b7e7e666f274b4945274b47454927586f7b7f6f797e794a6c6b6b246d657c"><span class="__cf_email__" data-cfemail="b98094f8f7f494eadcd8cdcdd5dc94f8faf694f8f4f6fa94ebdcc8ccdccacdcaf9dfd8d897ded6cf">[email protected]</span></a>.
    (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.

(l) Related Information

    For more information about this AD, contact Emerson Hevia, 
Aerospace Engineer, Cabin Safety and Environmental Systems Branch, 
ANM-150S, FAA, 1601 Lind Avenue SW., Renton, Washington 98057-3356; 
phone: 425-917-6414; fax: 425-917-6590; email: 
<a href="/cdn-cgi/l/email-protection#1c7971796e6f73723274796a757d5c7a7d7d327b736a"><span class="__cf_email__" data-cfemail="8de8e0e8fffee2e3a3e5e8fbe4eccdebececa3eae2fb">[email protected]</span></a>.

(m) Material Incorporated by Reference

    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.
    (1) Boeing Service Bulletin 767-56A0010, Revision 3, dated March 
3, 2011.
    (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; email 
<a href="/cdn-cgi/l/email-protection#e8858dc68a878d8b8785a88a878d81868fc68b8785"><span class="__cf_email__" data-cfemail="98f5fdb6faf7fdfbf7f5d8faf7fdf1f6ffb6fbf7f5">[email protected]</span></a>; Internet https://www.myboeingfleet.com.
    (3) 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.
    (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/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on March 5, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-6118 Filed 3-19-12; 8:45 am]
BILLING CODE 4910-13-P


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