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[Federal Register Volume 77, Number 141 (Monday, July 23, 2012)]
[Rules and Regulations]
[Pages 42962-42964]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-16964]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0149; Directorate Identifier 2011-NM-255-AD; 
Amendment 39-17117; AD 2012-14-03]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
The Boeing Company Model 777-200 and -300 series airplanes. 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. This AD requires repetitive external phased-array ultrasonic 
inspections to detect cracks of the affected fuselage skin lap splices 
in Sections 41, 43, and 44, as applicable, and repair if necessary. We 
are issuing

[[Page 42963]]

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.

DATES: This AD is effective August 27, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of August 27, 
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; 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: 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.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM published in the Federal Register on February 22, 2012 (77 FR 
10411). That NPRM proposed to require repetitive external phased-array 
ultrasonic inspections to detect cracks of the affected fuselage skin 
lap splices in Sections 41, 43, and 44, as applicable, and repair if 
necessary.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
(77 FR 10411, February 22, 2012) and the FAA's response to each 
comment.

Request To Allow Certain Repairs

    Boeing requested we add additional text to the end of paragraph 
(h)(2) of the NPRM (77 FR 10411, February 22, 2012) stating ``* * * 
unless all cracked material has been completely removed and the repair 
is a reinforcing repair that has been FAA approved to [Federal Aviation 
Regulations] 14 CFR 25.571 and 14 CFR 26.43 (c) or (d).'' Boeing stated 
that reinforcing repairs which are FAA approved to 14 CFR 25.571 at the 
certification basis for the subject Model 777 airplanes and 14 CFR 
26.43(c) or (d) must have been evaluated for damage tolerance, and 
would have the damage tolerance inspection requirements in place in 
order to maintain the safety of the airplane at the repaired area. 
Boeing asserted that the requirement to obtain an alternative method of 
compliance (AMOC) approval for such repairs would therefore not be 
required to ensure the safety of the repaired airplane.
    We disagree. The change proposed by Boeing would only require 
compliance for two certain regulations and would not require other 
necessary regulatory standards. The requirements defined in the 
existing AMOC delegation authority include other FAA regulations and 
manufacturer's design considerations beyond those listed on the 
airplane type certificate data sheet. We have not changed the final 
rule in this regard.

Conclusion

    We reviewed the relevant data, considered the comment received, and 
determined that air safety and the public interest require adopting the 
AD as proposed.

Costs of Compliance

    We estimate that this AD affects 46 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspections for Group 1 airplanes  126 work-hours x                 $0  $10,710 per          $267,750 per
 (25 airplanes).                    $85 per hour =                       inspection cycle.    inspection cycle.
                                    $10,710 per
                                    inspection cycle.
Inspections for Group 2 airplanes  50 work-hours x $85               0  $4,250 per           $89,250 per
 (21 airplanes).                    per hour = $4,250                    inspection cycle.    inspection cycle.
                                    per inspection
                                    cycle.
----------------------------------------------------------------------------------------------------------------

     We have received no definitive data that would enable us to 
provide cost estimates for the on-condition repair.

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.

[[Page 42964]]

    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):

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-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.

(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
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