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[Federal Register Volume 82, Number 1 (Tuesday, January 3, 2017)]
[Rules and Regulations]
[Pages 5-7]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29678]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

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having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
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Federal Register / Vol. 82, No. 1 / Tuesday, January 3, 2017 / Rules 
and Regulations

[[Page 5]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-3698; Directorate Identifier 2015-NM-138-AD; 
Amendment 39-18733; AD 2016-25-07]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
The Boeing Company Model 767-200 and -300 series airplanes. This AD was 
prompted by an evaluation by the design approval holder (DAH) 
indicating that the aft pressure bulkhead is subject to widespread 
fatigue damage (WFD). This AD requires replacing the aft pressure 
bulkhead with a new, improved aft pressure bulkhead, and doing related 
investigative and corrective actions if necessary. We are issuing this 
AD to prevent the unsafe condition on these products.

DATES: This AD is effective February 7, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of February 7, 
2017.

ADDRESSES: For service information identified in this final rule, 
contact Boeing Commercial Airplanes, Attention: Contractual & Data 
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 
90740; telephone 562-797-1717; Internet https://www.myboeingfleet.com. 
You may view this referenced service information at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information 
on the availability of this material at the FAA, call 425-227-1221. It 
is also available on the Internet at http://www.regulations.gov by 
searching for and locating Docket No. FAA-2016-3698.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
3698; 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 Docket Management Facility, U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Wayne Lockett, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office 
(ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6447; fax: 425-917-6590; email: wayne.lockett@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to certain The Boeing Company 
Model 767-200 and -300 series airplanes. The NPRM published in the 
Federal Register on February 22, 2016 (81 FR 8668) (``the NPRM''). The 
NPRM was prompted by an evaluation by the DAH indicating that the aft 
pressure bulkhead at Station 1582 is subject to WFD. The NPRM proposed 
to require replacing the aft pressure bulkhead with a new, improved aft 
pressure bulkhead, and doing related investigative and corrective 
actions if necessary. We are issuing this AD to prevent fatigue 
cracking in the radial web lap splices of the aft pressure bulkhead. 
Such cracking could result in rapid decompression and consequent 
reduced structural integrity of the airplane.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We have considered the comments received. Boeing and United 
Airlines supported the NPRM.

Effect of Winglets on Accomplishment of the Proposed Actions

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

Changes To This AD

    We have reviewed Boeing Alert Service Bulletin 767-53A0267, 
Revision 1, dated August 4, 2016, and there are no substantial changes. 
Therefore, we have included Boeing Alert Service Bulletin 767-53A0267, 
Revision 1, dated August 4, 2016, in paragraphs (c), (g), (h), and (i) 
of this AD. We have also provided credit in paragraph (j) of this AD 
for actions done prior to the effective date of this AD using Boeing 
Alert Service Bulletin 767-53A0267, dated August 13, 2015.
    We have also revised paragraph (g) of this AD to clarify certain 
terminating actions.

Conclusion

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

[[Page 6]]

burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR part 51

    We reviewed Boeing Alert Service Bulletin 767-53A0267, Revision 1, 
dated August 4, 2016. The service information describes procedures for 
replacing the aft pressure bulkhead at Station 1582 of Section 48 with 
a new, improved aft pressure bulkhead, including all applicable related 
investigative and corrective actions. This service information is 
reasonably available because the interested parties have access to it 
through their normal course of business or by the means identified in 
the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 86 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on  U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Replacement........................  1,541 work-hours x $85 per         $646,889        $777,874     $66,897,164
                                      hour = $130,985.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that enables us to provide cost 
estimates for the on-condition investigative and corrective actions 
specified in this AD.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

2016-25-07 The Boeing Company: Amendment 39-18733; Docket No. FAA-
2016-3698; Directorate Identifier 2015-NM-138-AD.

(a) Effective Date

    This AD is effective February 7, 2017.

(b) Affected ADs

    This AD affects the ADs specified in paragraphs (b)(1), (b)(2), 
and (b)(3) of this AD.
    (1) AD 2004-05-16, Amendment 39-13511 (69 FR 10917, March 9, 
2004).
    (2) AD 2004-14-19, Amendment 39-13728 (69 FR 42549, July 16, 
2004).
    (3) AD 2009-06-19, Amendment 39-15856 (74 FR 12243, March 24, 
2009).

(c) Applicability

    (1) 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 767-53A0267, Revision 1, dated August 
4, 2016.
    (2) Installation of Supplemental Type Certificate (STC) 
ST01920SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgSTC.nsf/0/38B606833BBD98B386257FAA00602538?OpenDocument&Highlight=st01920se) 
does not affect the ability to accomplish the actions required by 
this AD. Therefore, for airplanes on which STC ST01920SE is 
installed, a ``change in product'' alternative method of compliance 
(AMOC) approval request is not necessary to comply with the 
requirements of 14 CFR 39.17.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by an evaluation by the design approval 
holder (DAH) indicating that the aft pressure bulkhead at Station 
1582 is subject to widespread fatigue damage (WFD). We are issuing 
this AD to prevent fatigue cracking in the radial web lap splices of 
the aft pressure bulkhead. Such cracking could result in rapid 
decompression and consequent reduced structural integrity of the 
airplane.

(f) Compliance

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

(g) Replacement, Related Investigative and Corrective Actions, and 
Terminating Actions

    Before the accumulation of 60,000 total flight cycles, or within 
36 months after the effective date of this AD, whichever occurs 
later, but not earlier than 37,500 total accumulated flight cycles: 
Replace the aft pressure bulkhead at Station 1582 of Section 48 with 
a new, improved aft pressure bulkhead, and perform all applicable 
related investigative and corrective actions, in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin 767-
53A0267, Revision 1, dated August 4, 2016; except as required by 
paragraph (h) of this AD. Do all applicable related investigative 
and corrective actions before further flight. Accomplishing the 
replacement in this paragraph terminates all requirements of the ADs 
identified in paragraphs (g)(1), (g)(2), and (g)(3) of this AD.
    (1) AD 2004-05-16, Amendment 39-13511 (69 FR 10917, March 9, 
2004).
    (2) AD 2004-14-19, Amendment 39-13728 (69 FR 42549, July 16, 
2004).
    (3) AD 2009-06-19, Amendment 39-15856 (74 FR 12243, March 24, 
2009).

[[Page 7]]

(h) Corrective Actions

    If any defect (e.g., rifling, gouging, nicks, or burrs, or 
excessive surface roughness) is found in any fastener hole (other 
than normally produced during a typical reaming operation), during 
accomplishment of any inspection (related investigative actions) 
required by this AD, and Boeing Alert Service Bulletin 767-53A0267, 
Revision 1, dated August 4, 2016, specifies to contact Boeing for 
repair instructions: Before further flight, repair in accordance 
with the procedures specified in paragraph (k) of this AD.

(i) Exception to the Service Information

    Where Boeing Alert Service Bulletin 767-53A0267, Revision 1, 
dated August 4, 2016, specifies a compliance time ``after the 
original issue date of this service bulletin,'' this AD requires 
compliance within the specified time after the effective date of 
this AD.

(j) Credit for Previous Actions

    This paragraph provides credit for the actions required by 
paragraphs (g) and (h) of this AD, if those actions were performed 
before the effective date of this AD using Boeing Alert Service 
Bulletin 767-53A0267, dated August 13, 2015; which is not 
incorporated by reference in 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 paragraph (l) of this AD. 
Information may be emailed 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, modification, or alteration 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. To be approved, the 
repair method, modification deviation, or alteration deviation must 
meet the certification basis of the airplane, and the approval must 
specifically refer to this AD.
    (4) Except as required by paragraph (h) of this AD: For service 
information that contains steps that are labeled as Required for 
Compliance (RC), the provisions of paragraphs (k)(4)(i) and 
(k)(4)(ii) apply.
    (i) The steps labeled as RC, including substeps under an RC step 
and any figures identified in an RC step, must be done to comply 
with the AD. If a step or sub-step is labeled ``RC Exempt,'' then 
the RC requirement is removed from that step or sub-step. An AMOC is 
required for any deviations to RC steps, including substeps and 
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted 
methods in accordance with the operator's maintenance or inspection 
program without obtaining approval of an AMOC, provided the RC 
steps, including substeps and identified figures, can still be done 
as specified, and the airplane can be put back in an airworthy 
condition.

(l) Related Information

    For more information about this AD, contact Wayne Lockett, 
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle ACO, 
1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6447; 
fax: 425-917-6590; email: wayne.lockett@faa.gov.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Alert Service Bulletin 767-53A0267, Revision 1, dated 
August 4, 2016.
    (ii) Reserved.
    (3) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Contractual & Data Services 
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740; 
telephone 562-797-1717; Internet https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For 
information on the availability of this material at the FAA, call 
425-227-1221.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on November 25, 2016.
John P. Piccola, Jr.,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-29678 Filed 12-30-16; 8:45 am]
BILLING CODE 4910-13-P
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