Federal Register / Vol. 75, No. 154 / Wednesday, August 11, 2010 / Proposed Rules 48623 

(2) Revise the Emergency Procedures 

Section of the applicable Boeing 737 AFM by 

doing the actions specified in paragraphs 

(i)(2)(i), (i)(2)(ii), (i)(2)(iii), and (i)(2)(iv) of 

this AD. 

(i) Delete the procedure ‘‘WARNING 

HORN—CABIN ALTITUDE OR 

CONFIGURATION’’ added by AD 2006–13– 

13. 

(ii) Delete the procedure entitled ‘‘CABIN 

ALTITUDE WARNING OR RAPID 

DEPRESSURIZATION’’ added by AD 2006– 

13–13. 

(iii) If the procedure entitled ‘‘CABIN 

ALTITUDE (Airplanes with the CABIN 

ALTITUDE lights installed)’’ is currently 

contained in the applicable Boeing 737 AFM, 

delete the procedure entitled ‘‘CABIN 

ALTITUDE (Airplanes with the CABIN 

ALTITUDE lights installed).’’ 

(iv) Add the following statement. This may 

be done by inserting a copy of this AD into 

the applicable AFM. 

‘‘CABIN ALTITUDE WARNING OR RAPID 

DEPRESSURIZATION (required by this ad) 

Condition: The CABIN ALTITUDE warning 

light illuminates or the intermittent warning 

horn sounds in flight above 10,000 ft MSL. 

RECALL: 

Oxygen Masks and Regulators.On, 100% 

Crew Communications ....... Establish 

REFERENCE: 

Pressurization Mode Selector.Manual 

Outflow Valve Switch ........ Close 

Passenger Oxygen (If Required).On 

Descent (If Required) .......... Initiate 

(3) Revise the Normal Procedures Section 

of the applicable Boeing 737 AFM by doing 

the actions specified in paragraphs (i)(3)(i) 

and (i)(3)(ii) of this AD. 

(i) Delete the ‘‘CABIN ALTITUDE 

WARNING TAKEOFF BRIEFING’’ procedure 

added by AD 2008–23–07. 

(ii) Add the following statement. This may 

be done by inserting a copy of this AD into 

the applicable AFM. 

‘‘For normal operations, the pressurization 

mode selector should be in AUTO prior to 

takeoff. (Required by this AD)’’ 

Note 1: When statements identical to those 

specified in paragraphs (i)(1)(ii), (i)(2)(iv), 

and (i)(3)(ii) of this AD have been included 

in the general revisions of the AFM, the 

general revisions may be inserted into the 

AFM, and the copies of this AD may be 

removed from the AFM. 

Terminating Action for Affected ADs 

(j) Accomplishment of the requirements of 

this AD terminates the specified 

requirements of the ADs identified in 

paragraphs (j)(1), (j)(2), and (j)(3) of this AD, 

for only the airplanes identified in 

paragraphs (c)(1) and (c)(2) of this AD. 

(1) AD 2008–23–07: All requirements of 

that AD. 

(2) AD 2006–13–13: All requirements of 

that AD. 

(3) AD 2003–03–15 R1: The requirements 

specified in paragraph (a), Table 2, and 

Figures 2 and 3 of that AD. 

Special Flight Permit 

(k) Special flight permits, as described in 

Section 21.197 and Section 21.199 of the 

Federal Aviation Regulations (14 CFR 21.197 

and 21.199), are not allowed. 

Alternative Methods of Compliance 

(AMOCs) 

(l)(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. Send information to ATTN: 

Jeffrey W. Palmer, Aerospace Engineer, 

Systems and Equipment Branch, ANM–130S, 

FAA, Seattle Aircraft Certification Office, 

1601 Lind Avenue, SW., Renton, Washington 

98057–3356; telephone (425) 917–6472; fax 

(425) 917–6590. Information may be e-mailed 

to: 9-ANM-Seattle-ACO-AMOCRequests@faa.gov. 

(2) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your principal maintenance inspector 

(PMI) or principal avionics inspector (PAI), 

as appropriate, or lacking a principal 

inspector, your local Flight Standards District 

Office. The AMOC approval letter must 

specifically reference this AD. 

Issued in Renton, Washington, on July 28, 

2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–19834 Filed 8–10–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0796; Directorate 

Identifier 2010–NM–007–AD] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Model 767–300 Series 

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 

Model 767–300 series airplanes. This 

proposed AD would require repetitive 

inspections for cracks in the fuselage 

skin and backup structure at the lower 

very high frequency (VHF) antenna 

cutout at station 1197 + 99 between 

stringers 39L and 39R, and corrective 

actions if necessary. Certain repairs 

would terminate certain inspection 

requirements. This proposed AD results 

from reports of cracking found in the 

section 46 fuselage lower skin around 

the periphery of the VHF antenna 

baseplate at station 1197 + 99. We are 

proposing this AD to detect and correct 

fatigue cracks in the fuselage skin and 

internal backup structure, which could 

result in rapid decompression of the 

airplane. 

DATES: We must receive comments on 

this proposed AD by September 27, 

2010. 

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: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, 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, Washington 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 

(telephone 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 

(ACO), 1601 Lind Avenue, SW., Renton, 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
48624 Federal Register / Vol. 75, No. 154 / Wednesday, August 11, 2010 / Proposed Rules 

Washington 98057–3356; telephone 

425–917–6577; fax 425–917–6590. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2010–0796; Directorate Identifier 

2010–NM–007–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 have been advised that two 

operators reported cracks found in the 

section 46 fuselage lower skin around 

the periphery of the VHF antenna 

baseplate at station 1197 + 99. One 

operator reported 5 cracks, with a 

maximum length of 11 inches, found on 

an airplane that had accumulated 

38,804 total flight hours and 34,929 total 

flight cycles. Another operator reported 

a maximum crack length of 9.5 inches 

found on an airplane that had 

accumulated 60,467 total flight hours 

and 29,185 total flight cycles. Boeing 

investigation has revealed that the 

fuselage skin and internal backup 

structural cracks are attributed to 

fatigue. This fatigue is the result of 

bending loads in the skin caused by 

vibration of the antenna in flight. No 

operator reported crack findings for the 

backup structure. Fatigue cracks in the 

fuselage skin and internal backup 

structure, if not corrected, could result 

in rapid decompression of the airplane. 

Relevant Service Information 

We have reviewed Boeing Special 

Attention Service Bulletin 767–53– 

0207, dated December 17, 2009. The 

service bulletin describes procedures for 

repetitive inspections for cracks in the 

fuselage skin and backup structure at 

the lower VHF antenna cutout at station 

1197 + 99, between stringers 39L and 

39R. The inspections include an 

external detailed inspection of the 

fuselage skin at the lower aft VHF 

antenna cutout, and an internal detailed 

inspection of the backup structure. 

Corrective actions include repairing 

fuselage skin cracks, which would 

eliminate the need to repeat the external 

detailed inspection; and repairing or 

replacing cracked backup structure 

parts. 

In the service bulletin, the compliance 

time for the external detailed inspection 

is before the accumulation of 25,000 

total flight cycles, or within 3,000 flight 

cycles after the date on the service 

bulletin, whichever occurs later. The 

compliance time for the internal 

detailed inspection is before the 

accumulation of 25,000 total flight 

cycles, or within 3,000 flight cycles after 

the date on the service bulletin, 

whichever occurs later; or the 

inspection may be deferred for an 

additional 6,000 flight cycles if no 

fuselage skin cracks are found during 

the external detailed inspection. 

FAA’s Determination and Requirements 

of This Proposed AD 

We are proposing this AD because we 

evaluated all relevant information and 

determined that the unsafe condition 

described previously is likely to exist or 

develop in other products of the same 

type design. This proposed AD would 

require accomplishing the actions 

specified in the service information 

described previously. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 93 airplanes of U.S. 

registry. The following table provides 

the estimated costs for U.S. operators to 

comply with this proposed AD. 

ESTIMATED COSTS

Action Work hours Average labor 

rate per hour 

Cost per 

product 

Number of 

U.S.-registered 

airplanes 

Fleet cost 

Inspections ........................................................................... 3 $85 $255 93 $23,715 

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), and 

3. 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. 

You can find our regulatory 

evaluation and the estimated costs of 

compliance in the AD Docket. 

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: 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 154 / Wednesday, August 11, 2010 / Proposed Rules 48625 

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 AD: 

The Boeing Company: Docket No. FAA– 

2010–0796; Directorate Identifier 2010– 

NM–007–AD. 

Comments Due Date 

(a) We must receive comments by 

September 27, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to The Boeing 

Company Model 767–300 series airplanes, 

certificated in any category, as identified in 

Boeing Special Attention Service Bulletin 

767–53–0207, dated December 17, 2009. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 53: Fuselage. 

Unsafe Condition 

(e) This AD results from reports of cracking 

found in the section 46 fuselage lower skin 

around the periphery of the very high 

frequency (VHF) antenna baseplate at station 

1197 + 99. The Federal Aviation 

Administration is issuing this AD to detect 

and correct fatigue cracks in the fuselage skin 

and internal backup structure, which could 

result in rapid decompression of the airplane. 

Compliance 

(f) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Inspections 

(g) Inspect for cracks in the fuselage skin 

and backup structure at the lower VHF 

antenna cutout at station 1197 + 99, between 

stringers 39L and 39R, by doing an external 

detailed inspection, with the antenna 

removed, of the fuselage structure at the 

lower aft VHF antenna cutout, and an 

internal detailed inspection of the backup 

structure. Do the inspections in accordance 

with the Accomplishment Instructions of 

Boeing Special Attention Service Bulletin 

767–53–0207, dated December 17, 2009 (‘‘the 

service bulletin’’). Do the inspections at the 

applicable time specified in paragraph 1.E., 

‘‘Compliance,’’ of the service bulletin, except, 

where the service bulletin specifies a 

compliance after the date on the service 

bulletin, this AD requires compliance within 

the specified time after the effective date of 

this AD. 

(1) If no crack is found, repeat the external 

detailed inspection, without removing the 

antenna, at intervals not to exceed 3,000 

flight cycles. 

(2) If any crack is found in the fuselage, 

repair before further flight, in accordance 

with the service bulletin. Accomplishment of 

this repair terminates the repetitive external 

detailed inspections of the fuselage skin 

required by this AD. 

(3) If any crack is found in the backup 

structure, before further flight, repair or 

replace the cracked part(s), in accordance 

with the service bulletin. 

Alternative Methods of Compliance 

(AMOCs) 

(h)(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. Send information to ATTN: 

Berhane Alazar, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, Seattle 

Aircraft Certification Office (ACO), 1601 Lind 

Avenue, SW., Renton, Washington 98057– 

3356; telephone 425–917–6577; fax 425–917– 

6590. Information may be e-mailed to 9- 

ANM-Seattle-ACO-AMOC-Requests@faa.gov. 

(2) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your principal maintenance inspector 

(PMI) or principal avionics inspector (PAI), 

as appropriate, or lacking a principal 

inspector, your local Flight Standards District 

Office. The AMOC approval letter must 

specifically refer to this AD. 

(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. 

Issued in Renton, Washington, on August 

4, 2010. 

Stephen P. Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–19832 Filed 8–10–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF STATE 

22 CFR Parts 124 and 126 

[Public Notice: 7116] 

RIN 1400–AC68 

Amendment to the International Traffic 

in Arms Regulations: Dual Nationals 

and Third-Country Nationals Employed 

by End-Users 

AGENCY: Department of State. 

ACTION: Proposed rule. 

SUMMARY: The Department of State is 

proposing to amend the International 

Traffic in Arms Regulations (ITAR) to 

update the policies regarding end-user 

employment of dual nationals and thirdcountry nationals. 

DATES: Comment Due Date: The 

Department of State will accept 

comments on this proposed rule until 

September 10, 2010. 

ADDRESSES: Interested parties may 

submit comments within 30 days of the 

date of the publication by any of the 

following methods: 

• E-mail: 

DDTCResponseTeam@state.gov with an 

appropriate subject line. 

• Mail: PM/DDTC, SA–1, 12th Floor, 

Directorate of Defense Trade Controls, 

Office of Defense Trade Controls Policy, 

ATTN: Regulatory Change—Nationals, 

Bureau of Political Military Affairs, U.S. 

Department of State, Washington, DC 

20522–0112. 

• Persons with access to the Internet 

may also view this notice by searching 

for its RIN on the U.S. Government 

regulations Web site at http:// 

regulations.gov/index.cfm. 

FOR FURTHER INFORMATION CONTACT: 

Director Charles B. Shotwell, Office of 

Defense Trade Controls Policy, 

Department of State, Telephone (202) 

663–1282 or Fax (202) 261–8199; E-mail 

DDTCResponseTeam@state.gov. ATTN: 

Regulatory Change, Nationals. 

SUPPLEMENTARY INFORMATION: This is 

part of the President’s Export Control 

Reform effort. The Department of State 

is amending Parts 124 and 126 of the 

ITAR to reflect new policy regarding 

end-user employment of dual-nationals 

and third-country nationals. 

As a result of the President’s Task 

Force on Export Control Reform, the 

previous policy regarding the treatment 

of dual nationals and foreign nationals 

was reconsidered. The current 

requirement for the provision of 

additional information within a license 

to cover dual national and third-country 

national foreign employees has created 

a tremendous administrative burden on 

approved end-users and has evolved 

into a human rights issue, which has 

become a focus of contention between 

the U.S. and allies and friends without 

a commensurate gain in national 

security. Based on available intelligence 

and law enforcement information, and 

given the current licensing requirements 

regarding access by dual or third 

country national employees, most 

diversions of U.S. Munitions List 

(USML) items appears to occur outside 

the scope of approved licenses, not 

within foreign companies or 

organizations providing access to 

properly screened dual national or third 

country national employees. This 

amendment will place the affirmative 

responsibility upon the foreign 

company, government, or international 

organization, with the understanding 


jlentini on DSKJ8SOYB1PROD with PROPOSALS