81 FR 12047 - Airworthiness Directives; The Boeing Company Airplanes
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 81, Issue 45 (March 8, 2016)
Federal Aviation Administration
Federal Register Volume 81, Issue 45 (March 8, 2016)
| Page Range | 12047-12050 | |
| FR Document | 2016-04931 |
[Federal Register Volume 81, Number 45 (Tuesday, March 8, 2016)] [Proposed Rules] [Pages 12047-12050] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-04931] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2016-4221; Directorate Identifier 2015-NM-167-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 all The Boeing Company Model 767-200 and -300 series airplanes. This proposed AD was prompted by an evaluation by the design approval holder (DAH) indicating that the aft pressure bulkhead web to pressure chord joint is subject to widespread fatigue damage (WFD). This proposed AD would require repetitive high frequency eddy current (HFEC) inspections of the aft pressure bulkhead web, at fasteners common to the bulkhead web and pressure chord, around the entire circumference of the pressure chord for any crack, and repair of cracks. We are proposing this AD to detect and correct cracks in the aft pressure bulkhead web. Such cracking could result in the loss of structural integrity of the airplane. DATES: We must receive comments on this proposed AD by April 22, 2016. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, 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 NPRM, 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; 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- 4221. 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- 4221; 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: 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: [email protected]. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments about [[Page 12048]] this proposal. Send your comments to an address listed under the ADDRESSES section. Include ``Docket No. FAA-2016-4221; Directorate Identifier 2015-NM-167-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 Structural fatigue damage is progressive. It begins as minute cracks, and those cracks grow under the action of repeated stresses. This can happen because of normal operational conditions and design attributes, or because of isolated situations or incidents such as material defects, poor fabrication quality, or corrosion pits, dings, or scratches. Fatigue damage can occur locally, in small areas or structural design details, or globally. Global fatigue damage is general degradation of large areas of structure with similar structural details and stress levels. Multiple-site damage is global damage that occurs in a large structural element such as a single rivet line of a lap splice joining two large skin panels. Global damage can also occur in multiple elements such as adjacent frames or stringers. Multiple- site-damage and multiple-element-damage cracks are typically too small initially to be reliably detected with normal inspection methods. Without intervention, these cracks will grow, and eventually compromise the structural integrity of the airplane, in a condition known as WFD. As an airplane ages, WFD will likely occur, and will certainly occur if the airplane is operated long enough without any intervention. The FAA's WFD final rule (75 FR 69746, November 15, 2010) became effective on January 14, 2011. The WFD rule requires certain actions to prevent structural failure due to WFD throughout the operational life of certain existing transport category airplanes and all of these airplanes that will be certificated in the future. For existing and future airplanes subject to the WFD rule, the rule requires that DAHs establish a limit of validity (LOV) of the engineering data that support the structural maintenance program. Operators affected by the WFD rule may not fly an airplane beyond its LOV, unless an extended LOV is approved. The WFD rule (75 FR 69746, November 15, 2010) does not require identifying and developing maintenance actions if the DAHs can show that such actions are not necessary to prevent WFD before the airplane reaches the LOV. Many LOVs, however, do depend on accomplishment of future maintenance actions. As stated in the WFD rule, any maintenance actions necessary to reach the LOV will be mandated by airworthiness directives through separate rulemaking actions. In the context of WFD, this action is necessary to enable DAHs to propose LOVs that allow operators the longest operational lives for their airplanes, and still ensure that WFD will not occur. This approach allows for an implementation strategy that provides flexibility to DAHs in determining the timing of service information development (with FAA approval), while providing operators with certainty regarding the LOV applicable to their airplanes. The FAA has received a report indicating that an evaluation by the DAH has indicated that the aft pressure bulkhead web to pressure chord joint is subject to WFD. This condition, if not corrected could result in cracks from the aft pressure bulkhead web to pressure chord joint and possible loss of structural integrity of the airplane. Related Service Information Under 1 CFR part 51 We reviewed Boeing Alert Service Bulletin 767-53A0268, dated April 1, 2015. This service information describes procedures for repetitive high frequency eddy current (HFEC) inspections of all visible locations of the aft pressure bulkhead web, at fasteners common to the bulkhead web and pressure chord, and around the entire circumference of the pressure chord for any crack, and repair of cracks. 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. 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 ``Differences Between this Proposed AD and the Service Information.'' For information on the procedures and compliance times, see this service information at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-4221. Differences between This Proposed AD and the Service Information Boeing Alert Service Bulletin 767-53A0268, dated April 1, 2015, specifies to contact the manufacturer for instructions on how to repair certain conditions, but this proposed AD would require repairing those conditions in one of the following ways: In accordance with a method that we approve; or Using data that meet the certification basis of the airplane, and that have been approved by the Boeing Commercial Airplanes Organization Designation Authorization (ODA) whom we have authorized to make those findings. The applicability in this proposed AD is not limited to airplanes identified in Boeing Alert Service Bulletin 767-53A0268, dated April 1, 2015. That service information does not contain a comprehensive list of the airplanes that are subject to the identified unsafe condition. This proposed AD would therefore apply to all Model 767-200 and -300 series airplanes. Costs of Compliance We estimate that this proposed AD affects 296 airplanes of U.S. registry. We estimate the following costs to comply with this proposed AD: [[Page 12049]] Estimated Costs -------------------------------------------------------------------------------------------------------------------------------------------------------- Cost per Action Labor cost Parts cost product Cost on U.S. operators -------------------------------------------------------------------------------------------------------------------------------------------------------- Inspection........................... 57 work-hours x $85 per $0 $4,845 $1,434,120 per inspection cycle. hour = $4,845 per inspection cycle. -------------------------------------------------------------------------------------------------------------------------------------------------------- The size of any repair area needs to be determined before material and work-hour costs can be calculated. We have received no definitive data that would enable us to provide cost estimates for the on- condition actions specified in this proposed 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 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 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): The Boeing Company: Docket No. FAA-2016-4221; Directorate Identifier 2015-NM-167-AD. (a) Comments Due Date We must receive comments by April 22, 2016. (b) Affected ADs None. (c) Applicability This AD applies to all The Boeing Company Model 767-200 and -300 series airplanes, certificated in any category. (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 web to pressure chord joint is subject to widespread fatigue damage (WFD). We are issuing this AD to detect and correct cracks in the aft pressure bulkhead web to pressure chord joint which could result in the loss of structural integrity of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Repetitive Inspections Except as required by paragraph (h) of this AD, at the applicable time specified in paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin 767-53A0268, dated April 1, 2015, perform a surface high frequency eddy current (HFEC) inspection for cracking of the aft pressure bulkhead web, at fasteners common to the bulkhead web and pressure chord, around the entire circumference of the pressure chord, in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 767-53A0268, dated April 1, 2015. For this AD, Group 2, Configuration 2, as specified in Boeing Alert Service Bulletin 767-53A0268, dated April 1, 2015, includes airplanes with the aft pressure bulkhead replaced as specified in Boeing Alert Service Bulletin 767-53A0267. Repeat the inspection thereafter at the applicable time specified in paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin 767-53A0268, dated April 1, 2015. (h) Service Information Exception Where Boeing Alert Service Bulletin 767-53A0268, dated April 1, 2015, specifies a compliance time ``after the original issue date of this service bulletin,'' this AD requires compliance within the specified compliance time after the effective date of this AD. (i) Crack Repair If any crack is found during any inspection required by paragraph (g) of this AD, before further flight, repair the crack using a method approved in accordance with the procedures specified in paragraph (j) of this AD. Although Boeing Alert Service Bulletin 767-53A0268, dated April 1, 2015, specifies to contact Boeing for repair instructions, and specifies that action as ``RC'' (Required for Compliance), this AD requires repair as specified in this paragraph. Installation of a repair terminates the inspections required by paragraph (g) of this AD in the area covered by the repair only. (j) 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 (k)(1) of this AD. Information may be emailed to: [email protected]. (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 [[Page 12050]] 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 (i) of this AD: For service information that contains steps that are labeled as RC, the provisions of paragraphs (j)(4)(i) and (j)(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. 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. (k) Related Information (1) 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: [email protected]. (2) 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; 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. Issued in Renton, Washington, on February 29, 2016. Michael Kaszycki, Acting Manager, Transport Airplane Directorate Aircraft Certification Service. [FR Doc. 2016-04931 Filed 3-7-16; 8:45 am] BILLING CODE 4910-13-P
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Note 5 to paragraph (i) of this AD: An http://www.regulations.gov by searching DATES: We must receive comments on
additional source of guidance for the actions for and locating Docket No. FAA–2016– this proposed AD by April 22, 2016.
specified in paragraph (i) of this AD can be 4220. ADDRESSES: You may send comments,
found in BAE Systems (Operations) Limited (2) For service information identified
Inspection Service Bulletin ISB.53–237, using the procedures found in 14 CFR
Revision 1, dated April 2, 2013.
in this AD, contact BAE Systems 11.43 and 11.45, by any of the following
(Operations) Limited, Customer methods:
(j) New Requirement of This AD: No Information Department, Prestwick • Federal eRulemaking Portal: Go to
Alternative Actions, Intervals, and International Airport, Ayrshire, KA9 http://www.regulations.gov. Follow the
CDCCLs 2RW, Scotland, United Kingdom; instructions for submitting comments.
telephone +44 1292 675207; fax +44 • Fax: 202–493–2251.
After accomplishment of the revision 1292 675704; email • Mail: U.S. Department of
required by paragraph (i) of this AD, no RApublications@baesystems.com; Transportation, Docket Operations, M–
alternative actions (e.g., inspections), Internet http://www.baesystems.com/ 30, West Building Ground Floor, Room
intervals, and CDCCLs may be used, Businesses/RegionalAircraft/index.htm. W12–140, 1200 New Jersey Avenue SE.,
unless the actions, intervals, and You may view this service information Washington, DC 20590.
CDCCLs are approved as an AMOC in at the FAA, Transport Airplane • Hand Delivery: Deliver to Mail
accordance with the procedures Directorate, 1601 Lind Avenue SW., address above between 9 a.m. and 5
specified in paragraph (k)(1) of this AD. Renton, WA. For information on the p.m., Monday through Friday, except
(k) Other FAA AD Provisions availability of this material at the FAA, Federal holidays.
call 425–227–1221. For service information identified in
The following provisions also apply
Issued in Renton, Washington, on February this NPRM, contact Boeing Commercial
to this AD:
29, 2016. Airplanes, Attention: Data & Services
(1) Alternative Methods of
Michael Kaszycki, Management, P.O. Box 3707, MC 2H–65,
Compliance (AMOCs): The Manager,
Seattle, WA 98124–2207; telephone:
International Branch, ANM–116, FAA, Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service. 206–544–5000, extension 1; fax: 206–
has the authority to approve AMOCs for
766–5680; Internet: https://
this AD, if requested using the [FR Doc. 2016–04932 Filed 3–7–16; 8:45 am]
www.myboeingfleet.com. You may view
procedures found in 14 CFR 39.19. In BILLING CODE 4910–13–P
this referenced service information at
accordance with 14 CFR 39.19, send
the FAA, Transport Airplane
your request to your principal inspector
DEPARTMENT OF TRANSPORTATION Directorate, 1601 Lind Avenue SW.,
or local Flight Standards District Office,
Renton, WA. For information on the
as appropriate. If sending information
Federal Aviation Administration availability of this material at the FAA,
directly to the International Branch,
call 425–227–1221. It is also available
send it to ATTN: Todd Thompson,
14 CFR Part 39 on the Internet at http://
Aerospace Engineer, International
www.regulations.gov by searching for
Branch, ANM–116, Transport Airplane
[Docket No. FAA–2016–4221; Directorate and locating Docket No. FAA–2016–
Directorate, FAA, 1601 Lind Avenue
Identifier 2015–NM–167–AD] 4221.
SW., Renton, Washington 98057–3356;
telephone: 425–227–1175; fax: 425– Examining the AD Docket
RIN 2120–AA64
227–1149. Before using any approved You may examine the AD docket on
AMOC, notify your appropriate Airworthiness Directives; The Boeing the Internet at http://
principal inspector, or lacking a Company Airplanes www.regulations.gov by searching for
principal inspector, the manager of the and locating Docket No. FAA–2016–
local flight standards district office/ AGENCY: Federal Aviation
4221; or in person at the Docket
certificate holding district office. The Administration (FAA), DOT.
Management Facility between 9 a.m.
AMOC approval letter must specifically ACTION: Notice of proposed rulemaking and 5 p.m., Monday through Friday,
reference this AD. (NPRM). except Federal holidays. The AD docket
(2) Contacting the Manufacturer: As
SUMMARY: We propose to adopt a new contains this proposed AD, the
of the effective date of this AD, for any
airworthiness directive (AD) for all The regulatory evaluation, any comments
requirement in this AD to obtain
Boeing Company Model 767–200 and received, and other information. The
corrective actions from a manufacturer,
–300 series airplanes. This proposed AD street address for the Docket Office
the action must be accomplished using
was prompted by an evaluation by the (phone: 800–647–5527) is in the
a method approved by the Manager,
ADDRESSES section. Comments will be
International Branch, ANM–116, design approval holder (DAH)
indicating that the aft pressure bulkhead available in the AD docket shortly after
Transport Airplane Directorate, FAA; or
web to pressure chord joint is subject to receipt.
the European Aviation Safety Agency
widespread fatigue damage (WFD). This FOR FURTHER INFORMATION CONTACT:
(EASA); or BAE Systems (Operations)
Limited’s EASA Design Organization proposed AD would require repetitive Wayne Lockett, Aerospace Engineer,
Approval (DOA). If approved by the high frequency eddy current (HFEC) Airframe Branch, ANM–120S, FAA,
DOA, the approval must include the inspections of the aft pressure bulkhead Seattle Aircraft Certification Office
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
DOA-authorized signature. web, at fasteners common to the (ACO), 1601 Lind Avenue SW., Renton,
bulkhead web and pressure chord, WA 98057–3356; phone: 425–917–6447;
(l) Related Information around the entire circumference of the fax: 425–917–6590; email:
(1) Refer to Mandatory Continuing pressure chord for any crack, and repair wayne.lockett@faa.gov.
Airworthiness Information (MCAI) of cracks. We are proposing this AD to SUPPLEMENTARY INFORMATION:
EASA Airworthiness Directive 2014– detect and correct cracks in the aft
0071, dated March 19, 2014, for related pressure bulkhead web. Such cracking Comments Invited
information. This MCAI may be found could result in the loss of structural We invite you to send any written
in the AD docket on the Internet at integrity of the airplane. relevant data, views, or arguments about
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ESTIMATED COSTS
Cost per prod-
Action Labor cost Parts cost Cost on U.S. operators
uct
Inspection .................................... 57 work-hours × $85 per hour = $0 $4,845 $1,434,120 per inspection cycle.
$4,845 per inspection cycle.
The size of any repair area needs to List of Subjects in 14 CFR Part 39 frequency eddy current (HFEC) inspection for
be determined before material and cracking of the aft pressure bulkhead web, at
Air transportation, Aircraft, Aviation fasteners common to the bulkhead web and
work-hour costs can be calculated. We safety, Incorporation by reference, pressure chord, around the entire
have received no definitive data that Safety. circumference of the pressure chord, in
would enable us to provide cost accordance with the Accomplishment
estimates for the on-condition actions The Proposed Amendment Instructions of Boeing Alert Service Bulletin
specified in this proposed AD. Accordingly, under the authority 767–53A0268, dated April 1, 2015. For this
delegated to me by the Administrator, AD, Group 2, Configuration 2, as specified in
Authority for This Rulemaking Boeing Alert Service Bulletin 767–53A0268,
the FAA proposes to amend 14 CFR part
Title 49 of the United States Code dated April 1, 2015, includes airplanes with
39 as follows: the aft pressure bulkhead replaced as
specifies the FAA’s authority to issue
specified in Boeing Alert Service Bulletin
rules on aviation safety. Subtitle I, PART 39—AIRWORTHINESS 767–53A0267. Repeat the inspection
section 106, describes the authority of DIRECTIVES thereafter at the applicable time specified in
the FAA Administrator. Subtitle VII: paragraph 1.E., ‘‘Compliance,’’ of Boeing
Aviation Programs, describes in more ■ 1. The authority citation for part 39 Alert Service Bulletin 767–53A0268, dated
detail the scope of the Agency’s continues to read as follows: April 1, 2015.
authority. Authority: 49 U.S.C. 106(g), 40113, 44701. (h) Service Information Exception
We are issuing this rulemaking under
§ 39.13 [Amended] Where Boeing Alert Service Bulletin 767–
the authority described in Subtitle VII, 53A0268, dated April 1, 2015, specifies a
Part A, Subpart III, Section 44701: ■ 2. The FAA amends § 39.13 by adding compliance time ‘‘after the original issue date
‘‘General requirements.’’ Under that the following new airworthiness of this service bulletin,’’ this AD requires
section, Congress charges the FAA with directive (AD): compliance within the specified compliance
promoting safe flight of civil aircraft in The Boeing Company: Docket No. FAA– time after the effective date of this AD.
air commerce by prescribing regulations 2016–4221; Directorate Identifier 2015– (i) Crack Repair
for practices, methods, and procedures NM–167–AD.
If any crack is found during any inspection
the Administrator finds necessary for (a) Comments Due Date required by paragraph (g) of this AD, before
safety in air commerce. This regulation further flight, repair the crack using a method
is within the scope of that authority We must receive comments by April 22,
2016. approved in accordance with the procedures
because it addresses an unsafe condition specified in paragraph (j) of this AD.
that is likely to exist or develop on (b) Affected ADs Although Boeing Alert Service Bulletin 767–
products identified in this rulemaking None. 53A0268, dated April 1, 2015, specifies to
action. contact Boeing for repair instructions, and
(c) Applicability specifies that action as ‘‘RC’’ (Required for
Regulatory Findings This AD applies to all The Boeing Compliance), this AD requires repair as
Company Model 767–200 and –300 series specified in this paragraph. Installation of a
We determined that this proposed AD repair terminates the inspections required by
airplanes, certificated in any category.
would not have federalism implications paragraph (g) of this AD in the area covered
under Executive Order 13132. This (d) Subject by the repair only.
proposed AD would not have a Air Transport Association (ATA) of
(j) Alternative Methods of Compliance
substantial direct effect on the States, on America Code 53, Fuselage.
(AMOCs)
the relationship between the national (e) Unsafe Condition
Government and the States, or on the (1) The Manager, Seattle Aircraft
This AD was prompted by an evaluation by Certification Office (ACO), FAA, has the
distribution of power and authority to approve AMOCs for this AD, if
the design approval holder (DAH) indicating
responsibilities among the various that the aft pressure bulkhead web to requested using the procedures found in 14
levels of government. pressure chord joint is subject to widespread CFR 39.19. In accordance with 14 CFR 39.19,
For the reasons discussed above, I fatigue damage (WFD). We are issuing this send your request to your principal inspector
certify this proposed regulation: AD to detect and correct cracks in the aft or local Flight Standards District Office, as
(1) Is not a ‘‘significant regulatory pressure bulkhead web to pressure chord appropriate. If sending information directly
joint which could result in the loss of to the manager of the ACO, send it to the
action’’ under Executive Order 12866, attention of the person identified in
structural integrity of the airplane.
(2) Is not a ‘‘significant rule’’ under paragraph (k)(1) of this AD. Information may
the DOT Regulatory Policies and (f) Compliance be emailed to: 9-ANM-Seattle-ACO-AMOC-
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
Procedures (44 FR 11034, February 26, Comply with this AD within the Requests@faa.gov.
1979), compliance times specified, unless already (2) Before using any approved AMOC,
(3) Will not affect intrastate aviation done. notify your appropriate principal inspector,
in Alaska, and or lacking a principal inspector, the manager
(g) Repetitive Inspections of the local flight standards district office/
(4) Will not have a significant Except as required by paragraph (h) of this certificate holding district office.
economic impact, positive or negative, AD, at the applicable time specified in (3) An AMOC that provides an acceptable
on a substantial number of small entities paragraph 1.E., ‘‘Compliance,’’ of Boeing level of safety may be used for any repair,
under the criteria of the Regulatory Alert Service Bulletin 767–53A0268, dated modification, or alteration required by this
Flexibility Act. April 1, 2015, perform a surface high AD if it is approved by the Boeing
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Commercial Airplanes Organization regulations to clarify procedures for a regulation to accompany the INS
Designation Authorization (ODA) that has waiver of documentary requirements amendment, also allowing the INS to
been authorized by the Manager, Seattle ACO due to an unforeseen emergency for fine carriers who transported
to make those findings. To be approved, the nonimmigrants seeking admission to the individuals who later received waivers
repair method, modification deviation, or
alteration deviation must meet the
United States. of the visa and passport requirement. In
certification basis of the airplane and the DATES: Comments must be received on a 2009 decision, the U.S. Court of
approval must specifically refer to this AD. or before May 9, 2016. Appeals for the Second Circuit found
(4) Except as required by paragraph (i) of ADDRESSES: Internet: You may view this the 1999 State Department amendment
this AD: For service information that proposed rule and submit your invalid as it lacked joint action and was
contains steps that are labeled as RC, the comments by visiting the not promulgated with a period for
provisions of paragraphs (j)(4)(i) and (j)(4)(ii) public notice and comment.
apply.
Regulations.gov Web site at
www.regulations.gov, and searching for Accordingly, the Department of State
(i) The steps labeled as RC, including and DHS have consulted and are acting
substeps under an RC step and any figures docket number DOS–2016–0010.
identified in an RC step, must be done to FOR FURTHER INFORMATION CONTACT:
jointly to propose reinstating the
comply with the AD. An AMOC is required Lauren A. Boquin, Legislation and amendments.
for any deviations to RC steps, including Regulations Division, Legal Affairs, Because of the court’s ruling, the 1994
substeps and identified figures. Office of Visa Services, Bureau of rule is in effect until the Department of
(ii) Steps not labeled as RC may be
Consular Affairs, Department of State, State issues a final rule. The 1994
deviated from using accepted methods in version of the text, which is available to
accordance with the operator’s maintenance 600 19th St NW., Washington, DC 20006
(202) 485–7638. the public through the Government
or inspection program without obtaining Printing Office, stipulated that in cases
approval of an AMOC, provided the RC steps, SUPPLEMENTARY INFORMATION:
of unforeseen emergencies, a visa and
including substeps and identified figures, can
still be done as specified, and the airplane Background passport are not required of an alien if,
can be put back in an airworthy condition. This rulemaking proposes to reinstate either prior to the alien’s embarkation
a 1999 regulatory amendment that was abroad or upon arrival at a port of entry,
(k) Related Information the responsible district director of the
invalidated by court order in United
(1) For more information about this AD, Immigration and Naturalization Service
contact Wayne Lockett, Aerospace Engineer, Airlines, Inc. v. Brien, 588 F.3d 158 (2d
Cir. 2009). in charge of the port of entry concludes
Airframe Branch, ANM–120S, FAA, Seattle that the alien is unable to present the
ACO, 1601 Lind Avenue SW., Renton, WA Pursuant to Section 212(a)(7)(B)(i) of
the Immigration and Nationality Act required documents because of an
98057–3356; phone: 425–917–6447; fax: 425–
917–6590; email: wayne.lockett@faa.gov. (INA), a nonimmigrant is inadmissible unforeseen emergency. The 1994 rule
(2) For service information identified in to the United States if he or she does not also stipulated that any waiver of the
this AD, contact Boeing Commercial present an unexpired passport and valid visa or passport requirement may be
Airplanes, Attention: Data & Services visa at the time of application for granted by the INS district director
Management, P. O. Box 3707, MC 2H–65, admission. 8 U.S.C. 1182(a)(7)(B)(i). pursuant to INA 212(d)(4)(A) without
Seattle, WA 98124–2207; telephone: 206– the prior concurrence of the Department
Either or both of these requirements
544–5000, extension 1; fax: 206–766–5680; of State in each case in which the
Internet: https://www.myboeingfleet.com. may be waived by the Secretary of
Homeland Security and the Secretary of district director concludes that the
You may view this referenced service alien’s claim of emergency
information at the FAA, Transport Airplane State, acting jointly, in specified
Directorate, 1601 Lind Avenue SW., Renton, situations, as provided in INA section circumstances is legitimate and bona
WA. For information on the availability of 212(d)(4) (8 U.S.C. 1182(d)(4)). One fide and that approval of the waiver
this material at the FAA, call 425–227–1221. circumstance in which this requirement would be appropriate under all of the
may be waived is when a nonimmigrant attendant facts and circumstances.
Issued in Renton, Washington, on February The Department of Homeland
is unable to present a valid visa or
29, 2016. Security is proposing a parallel Notice
unexpired passport due to an
Michael Kaszycki, of Proposed Rulemaking to amend 8
unforeseen emergency. In accordance
Acting Manager, Transport Airplane with INA section 212(d)(4) (8 U.S.C. CFR 212.1(g), published in today’s
Directorate Aircraft Certification Service. Federal Register.
1182(d)(4)), the Department of State and
[FR Doc. 2016–04931 Filed 3–7–16; 8:45 am] the Department of Homeland Security Regulatory Findings
BILLING CODE 4910–13–P have consulted and are acting jointly to
propose amendments to 8 CFR 212.1 A. Administrative Procedure Act
and 22 CFR 41.2. The Department is publishing this
DEPARTMENT OF STATE notice of proposed rulemaking with a
Former Regulations
60-day period of notice and comment.
22 CFR Part 41 The Department of State and the
former Immigration and Naturalization B. Regulatory Flexibility Act/Executive
[Public Notice: 9458]
Service (INS) published parallel Order 13272: Small Business
RIN 1400–AD30 regulations in 1994 to consolidate and The Department of State has reviewed
simplify procedures for processing this regulation and certifies that this
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
Visas: Documentation of
waivers of documentary requirements in rule will not have a significant
Nonimmigrants Under the Immigration
cases of emergency circumstances. INS economic impact on a substantial
and Nationality Act, as Amended
amended its regulation in 1996, number of small entities.
AGENCY: Department of State. preserving its authority to impose fines
on carriers for transporting C. The Unfunded Mandates Reform Act
ACTION: Notice of proposed rulemaking. of 1995
nonimmigrants who did not present a
SUMMARY: The Department of State valid visa and passport, even in cases Section 202 of the Unfunded
proposes to reinstate a temporarily where the INS granted a waiver. In Mandates Reform Act of 1995, Public
suspended amendment to its visa 1999, the Department of State published Law 104–4, 109 Stat. 48, 2 U.S.C. 1532,
VerDate Sep<11>2014 16:21 Mar 07, 2016 Jkt 238001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\08MRP1.SGM 08MRP1](https://thefederalregister.org/doc/81_FR_12092/page/4.svg)
Document Created: 2018-02-02 15:09:54
Document Modified: 2018-02-02 15:09:54
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of proposed rulemaking (NPRM). | |
| Dates | We must receive comments on this proposed AD by April 22, 2016. | |
| 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: [email protected] | |
| FR Citation | 81 FR 12047 | |
| RIN Number | 2120-AA64 | |
| CFR Associated | Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety |
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