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[Federal Register Volume 76, Number 187 (Tuesday, September 27, 2011)]
[Proposed Rules]
[Pages 59590-59592]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-24748]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 76, No. 187 / Tuesday, September 27, 2011 / 
Proposed Rules

[[Page 59590]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0993; Directorate Identifier 2011-NM-018-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain The Boeing Company Model 767-200 and -300 series airplanes. 
This proposed AD would require repetitive inspections for cracking of 
the aft pressure bulkhead at station (STA) 1582, repair or replacement 
of any cracked bulkhead, and eventual replacement of the aft pressure 
bulkhead at STA 1582 with a new bulkhead. Accomplishing the replacement 
would terminate the repetitive inspections specified in this proposed 
AD. This proposed AD was prompted by reports of multiple site damage 
cracks in the radial web lap and tear strap splices of the aft pressure 
bulkhead at STA 1582 due to fatigue. We are proposing this AD to 
prevent fatigue cracking of the aft pressure bulkhead, which could 
result in rapid decompression of the airplane and possible damage or 
interference with the airplane control systems that penetrate the 
bulkhead, and consequent loss of controllability of the airplane.

DATES: We must receive comments on this proposed AD by November 14, 
2011.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed 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 206-766-5680; e-mail me.boecom@boeing.com; 
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 proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Office (phone: 800-647-5527) is in the ADDRESSES 
section. Comments will be available in the AD docket shortly after 
receipt.

FOR FURTHER INFORMATION CONTACT: Berhane Alazar, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; phone (425) 917-
6577; fax (425) 917-6590; e-mail: berhane.alazar@faa.gov.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2011-0993; 
Directorate Identifier 2011-NM-018-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    We received reports of multiple site damage (MSD) cracks in the 
radial web lap and tear strap splices of the aft pressure bulkhead at 
station (STA) 1582 due to fatigue. This cracking was found on multiple 
airplanes with 31,746 to 36,597 total flight cycles. On four airplanes, 
the crack findings revealed MSD fatigue cracking common to the radial 
web lap splices. Design changes to improve the durability of the 
bulkhead were made in production. This condition, if not corrected, 
could result in rapid decompression of the airplane and possible damage 
or interference with the airplane control systems that penetrate the 
bulkhead, and consequent loss of controllability of the airplane.

Other Relevant Rulemaking

    On February 25, 2004, we issued AD 2004-05-16, Amendment 39-13511 
(69 FR 10917, March 9, 2004), for certain Model 767-200 and -300 series 
airplanes. That AD requires repetitive inspections of the aft pressure 
bulkhead web, and corrective action if necessary.
    On January 31, 2005, we issued AD 2005-03-11, Amendment 39-13967 
(70 FR 7174, February 11, 2005), corrected on February 28, 2005 (70 FR 
12119, March 11, 2005), for certain Model 767 airplanes. That AD 
requires repetitive detailed and eddy current inspections of the aft 
pressure bulkhead for damage and cracking, and repair if necessary. 
That AD also requires one-time detailed and high frequency eddy current 
inspections of any ``oil-can'' located on the aft pressure bulkhead, 
and related corrective actions if necessary.
    Since issuance of AD 2004-05-16, Amendment 39-13511 (69 FR 10917, 
March 9, 2004); and AD 2005-03-11, Amendment 39-13967 (70 FR 12119, 
March 11, 2005); the manufacturer has developed design changes that 
improve the durability of the bulkhead; therefore,

[[Page 59591]]

we have determined that further rulemaking is necessary, and this 
proposed AD follows from that determination. Accomplishing the 
inspections required by this AD terminates the repetitive inspections 
required by paragraph (b) of AD 2004-05-16, and paragraph (f) of AD 
2005-03-11.

Relevant Service Information

    We reviewed Boeing Alert Service Bulletin 767-53A0139, dated 
November 12, 2009. The service information describes procedures for 
repetitive detailed, low- and mid-frequency eddy current inspections of 
the aft pressure bulkhead at STA 1582 for cracks and replacement or 
repair of any cracked bulkhead found. The service information also 
describes procedures for eventual replacement of the aft pressure 
bulkhead at STA 1582 with a new bulkhead, which eliminates the need for 
the repetitive inspections.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in the service information described previously, except as discussed 
under ``Difference Between the Proposed AD and Service Information.''

Difference Between the Proposed AD Service Information

    Boeing Alert Service Bulletin 767-53A0139, dated November 12, 2009, 
recommends accomplishing the inspections within 1,600 flight cycles 
after the most recent inspection done in accordance with Boeing Alert 
Service Bulletin 767-53A0026, Revision 5, dated January 29, 2004; 
however, it does not include a grace period for airplanes that might 
have exceeded that number of flight cycles since accomplishing the most 
recent inspection, or for airplanes on which the inspections have not 
been initiated. This proposed AD includes a grace period of 1,600 
flight cycles for all airplanes.

Clarification of Certain Requirements

    Paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin 
767-53A0139, dated November 12, 2009, specifies replacing the bulkhead 
at STA 1582 with a new bulkhead if any crack is found during any 
inspection; however, paragraph 3.B.2., of the Accomplishment 
Instructions specifies repairing or replacing the bulkhead at STA 1582 
if any crack is found. This proposed AD requires either replacing or 
repairing any cracked bulkhead and doing the repetitive inspections if 
the crack is repaired, until the replacement required by paragraph (h) 
of this proposed AD is done.

Costs of Compliance

    We estimate that this proposed AD affects 83 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                  Cost on U.S.
             Action                      Labor cost            Parts cost     Cost per product      operators
----------------------------------------------------------------------------------------------------------------
Inspections.....................  22 work-hours x $85 per                  0            $1,870          $155,210
                                   hour = $1,870 per
                                   inspection cycle.
Replacement.....................  1,541 work-hours x $85            $399,539           530,524        44,033,492
                                   per hour = $130,985.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979),
    (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.

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

The Boeing Company: Docket No. FAA-2011-0993; Directorate Identifier 
2011-NM-018-AD.

Comments Due Date

    (a) We must receive comments by November 14, 2011.

Affected ADs

    (b) Certain requirements of this AD affect certain requirements 
of AD 2004-05-16, Amendment 39-13511 (69 FR 10917, March 9, 2004); 
and AD 2005-03-11, Amendment 39-13967 (70 FR 7174, February 11, 
2005),

[[Page 59592]]

corrected on February 28, 2005 (70 FR 12119, March 11, 2005).

Applicability

    (c) This AD applies to The Boeing Company Model 767-200 and -300 
series airplanes, certificated in any category, as identified in 
Boeing Alert Service Bulletin 767-53A0139, dated November 12, 2009.

Subject

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

Unsafe Condition

    (e) This AD was prompted by reports of multiple site damage 
cracks in the radial web lap and tear strap splices of the aft 
pressure bulkhead at station (STA) 1582 due to fatigue. We are 
issuing this AD to prevent fatigue cracking of the aft pressure 
bulkhead, which could result in rapid decompression of the airplane 
and possible damage or interference with the airplane control 
systems that penetrate the bulkhead, and consequent loss of 
controllability of the airplane.

Compliance

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

Repetitive Inspections

    (g) Except as provided by paragraph (h) of this AD: Before the 
accumulation of 43,000 total flight cycles, or within 1,600 flight 
cycles after the effective date of this AD, whichever occurs later, 
do detailed, low-frequency eddy current, and mid-frequency eddy 
current inspections for cracking of the aft pressure bulkhead at STA 
1582, in accordance with the Accomplishment Instructions of Boeing 
Alert Service Bulletin 767-53A0139, dated November 12, 2009. If any 
crack is found, before further flight, replace the bulkhead as 
required by paragraph (h) of this AD, or repair the crack in 
accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin 767-53A0139, dated November 12, 2009, and repeat 
the inspections thereafter at intervals not to exceed 1,600 flight 
cycles. If no crack is found, repeat the inspections thereafter at 
intervals not to exceed 1,600 flight cycles. Accomplishing the 
inspections required by this paragraph terminates the repetitive 
inspections required by paragraph (b) of AD 2004-05-16, Amendment 
39-13511 (69 FR 10917, March 9, 2004); and paragraph (f) of AD 2005-
03-11, Amendment 39-13967 (70 FR 7174, February 11, 2005), corrected 
on February 28, 2005 (70 FR 12119, March 11, 2005).

Replacement

    (h) Except as provided by paragraph (g) of this AD: Before the 
accumulation of 43,000 total flight cycles, or within 5,000 flight 
cycles after the effective date of this AD, whichever occurs later: 
Replace the aft pressure bulkhead at STA 1582 with a new bulkhead, 
in accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin 767-53A0139, dated November 12, 2009. Accomplishing 
the replacement in this paragraph terminates the repetitive 
inspections required by paragraph (g) of this AD.

Alternative Methods of Compliance (AMOCs)

    (i)(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 e-mailed to: 9-ANM-Seattle-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.

Related Information

    (j) For more information about this AD, contact Berhane Alazar, 
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue SW., Renton, Washington 
98057-3356; phone (425) 917-6577; fax (425) 917-6590; e-mail: 
berhane.alazar@faa.gov.
    (k) 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 206-766-5680; e-mail me.boecom@boeing.com; 
Internet https://www.myboeingfleet.com. You may review copies of the 
referenced service information at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057-3356. 
For information on the availability of this material at the FAA, 
call 425-227-1221.

    Issued in Renton, Washington, on September 7, 2011.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-24748 Filed 9-26-11; 8:45 am]
BILLING CODE 4910-13-P
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