[Federal Register Volume 80, Number 188 (Tuesday, September 29, 2015)]
[Rules and Regulations]
[Pages 58346-58349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24146]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0929; Directorate Identifier 2014-NM-118-AD; 
Amendment 39-18274; AD 2015-19-12]
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 airplanes. This AD was prompted by reports 
that six fasteners may not have been installed in the left and right 
stringer 37 (S-37) between body stations (BS) 428 and 431 lap splices 
on certain airplanes. This AD requires a general visual inspection of 
S-37 lap splices for missing fasteners, and all applicable related 
investigative and corrective actions. We are issuing this AD to detect 
and correct missing fasteners, which could result in cracks in the 
fuselage skin that could adversely affect the structural integrity of 
the airplane.

DATES: This AD is effective November 3, 2015.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 3, 
2015.

ADDRESSES: 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. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0929.

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-2014-
0929; 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

[[Page 58347]]

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: [email protected].

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 airplanes. The NPRM published in the Federal Register on 
December 29, 2014 (79 FR 77970). The NPRM was prompted by reports that 
six fasteners may not have been installed in the left and right S-37 
between BS 428 and 431 lap splices on certain airplanes. The NPRM 
proposed to require a general visual inspection of S-37 lap splices for 
missing fasteners, and all applicable related investigative and 
corrective actions. We are issuing this AD to detect and correct 
missing fasteners, which could result in cracks in the fuselage skin 
that could adversely affect the structural integrity of the airplane.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the NPRM (79 
FR 77970, December 29, 2014) and the FAA's response to each comment.

Support for the NPRM (79 FR 77970, December 29, 2014)

    Boeing and Debra Abdou supported the NPRM (79 FR 77970, December 
29, 2014). FedEx Express explained that the NPRM will not impact them. 
United Airlines stated that it has no comment on the NPRM.

Request for Credit for Previous Actions

    United Parcel Service (UPS) requested that we revise the NPRM (79 
FR 77970, December 29, 2014), to clarify that no further actions are 
required for airplanes that have previously accomplished inspections 
and corrective actions as specified in Boeing Message TBC-UPS-13-0004-
01B (Service Request 1-2412169241), dated February 1, 2013.
    UPS explained that, prior to the release of Boeing Alert Service 
Bulletin 767-53A0251, dated August 7, 2013, Boeing had released Boeing 
Fleet Team Digest article 767-FTD-53-12003, dated September 21, 2012; 
and Boeing Message TBC-UPS-13-0004-01B (Service Request 1-2412169241), 
dated February 1, 2013; to address the discrepant condition and provide 
applicable corrective actions. UPS stated that it has previously 
accomplished inspections and corrective actions on all affected UPS 
Model 767-300F series airplanes in accordance with Boeing Fleet Team 
Digest article 767-FTD-53-12003 dated September 21, 2012, and Boeing 
Message TBC-UPS-13-0004-01B (Service Request 1-2412169241), dated 
February 1, 2013. Per Boeing Message TBC-UPS-13-0004-01B (Service 
Request 1-2412169241), dated February 1, 2013, the following corrective 
actions are to be accomplished prior to further flight if the affected 
fasteners are found missing:
     Remove the center row and adjacent fasteners around the 
missing fastener locations.
     Perform open-hole high frequency eddy current (HFEC) 
inspection for damages.
     If no damage is found, install BACR15FV6KE* rivets per the 
Boeing installation drawing.
     If damage is found, repair per the service repair manual 
section defined in the future service bulletin.
    UPS reasoned that, as indicated in Boeing Message TBC-UPS-13-0004-
01B (Service Request 1-2412169241), dated February 1, 2013, the 
additional detailed inspection shown in Figure 2, Step 1, of Boeing 
Alert Service Bulletin 767-53A0251, dated August 7, 2013, is not 
required to detect damages resulting from the discrepant condition. UPS 
expressed that, as supported by Boeing Message TBC-UPS-13-0004-01B 
(Service Request 1-2412169241), dated February 1, 2013, the open-hole 
HFEC inspection is sufficient for detecting and eliminating damage 
resulting from the identified unsafe condition. UPS pointed out that 
standard maintenance procedures ensure that the external and internal 
areas accessed and disturbed during accomplishment of the repair are 
restored to normal configuration. Furthermore, UPS explained that 
supplemental internal and external inspections of the affected area are 
accomplished per UPS maintenance program as specified in Boeing 
Maintenance Planning Document Items 53-460-00, 53-648-00, 53-800-00, 
and 53-820-00.
    We disagree to provide credit for certain actions required by this 
AD if those actions were performed before the effective date of this AD 
using Boeing Message TBC-UPS-13-0004-01B (Service Request 1-2412169241) 
dated February 1, 2013. It is possible that individual instructions 
provided to the specific operator via Boeing Message TBC-UPS-13-0004-
01B (Service Request 1-2412169241), dated February 1, 2013, may have 
different instructions than those specified in the Accomplishment 
Instructions of Boeing Alert Service Bulletin 767-53A0251, dated August 
7, 2013. However, under the provisions of paragraph (i) of this AD, we 
will consider requests for approval of credit for certain actions if 
sufficient data are submitted to substantiate that the change would 
provide an acceptable level of safety. We have made no changes to this 
AD in this regard.

Effect of Winglets on AD

    Aviation Partners Boeing stated that accomplishing the supplemental 
type certificate (STC) ST01920SE (http://rgl.faa.gov/
Regulatory_and_Guidance_Library/rgstc.nsf/0/
59027f43b9a7486e86257b1d006591ee/$FILE/ST01920SE.pdf) does not affect 
the actions specified in the NPRM (79 FR 77970, December 29, 2014). We 
concur with the commenter. We have redesignated paragraph (c) of the 
proposed AD as paragraph (c)(1) and added new 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.

Related Service Information Under 1 CFR Part 51

    Boeing has issued Boeing Alert Service Bulletin 767-53A0251, dated 
August 7, 2013. The service information describes procedures for an 
external general visual inspection of the S-37 lap splice for missing 
fasteners, detailed and open-hole inspections of the skin for any 
crack, corrosion, or other discrepancy; determining if the crack, 
corrosion, or other discrepancy is within the repair limits, and 
repairing. This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means

[[Page 58348]]

identified in the ADDRESSES section of this AD.

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 (79 FR 77970, December 29, 2014) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (79 FR 77970, December 29, 2014).

Costs of Compliance

    We estimate that this AD affects 23 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
----------------------------------------------------------------------------------------------------------------
General visual inspection...........  1 work-hour x $85 per                $0              $85           $1,955
                                       hour = $85.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary inspections/
installations that would be required based on the results of the 
required inspection. We have no way of determining the number of 
aircraft that might need these inspections/installations:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                  Action                                Labor cost                 Parts cost        product
----------------------------------------------------------------------------------------------------------------
Detailed and HFEC inspections and fastener  13 work-hours x $85 per hour =                   *           $1,105
 installation.                               $1,105.
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* All parts that are required are supplied by the operator. This cost is minimal, and we have no way to
  determine what the operators would pay for these parts.

    We have received no definitive data that would enable us to provide 
cost estimates for the repairs specified in this AD.
    According to the manufacturer, some of the costs of this AD may be 
covered under warranty, thereby reducing the cost impact on affected 
individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all costs in our cost 
estimate.

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):

2015-19-12 The Boeing Company: Amendment 39-18274; Docket No. FAA-
2014-0929; Directorate Identifier 2014-NM-118-AD.

(a) Effective Date

    This AD is effective November 3, 2015.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to The Boeing Company Model 767-200, -300, -
300F, and -400ER series airplanes, certificated in any category, as 
identified in Boeing Alert Service Bulletin 767-53A0251, dated 
August 7, 2013.
    (2) Installation of Supplemental Type Certificate (STC) 
[ST01920SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/
rgstc.nsf/0/59027f43b9a7486e86257b1d00659v1ee/$FILE/ST01920SE.pdf) 
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

[[Page 58349]]

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 reports that six fasteners may not have 
been installed in the left and right stringer 37 (S-37) between body 
stations (BS) 428 and 431 lap splices on certain airplanes. We are 
issuing this AD to detect and correct missing fasteners, which could 
result in cracks in the fuselage skin that could adversely affect 
the structural integrity of the airplane.

(f) Compliance

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

(g) Inspections, Related Investigative Actions, and Corrective Actions

    Except as provided by paragraph (h)(2) of this AD, at the 
applicable time specified in paragraph 1.E., ``Compliance,'' of 
Boeing Alert Service Bulletin 767-53A0251, dated August 7, 2013: Do 
an external general visual inspection of the S-37 lap splice for 
missing fasteners, and do all applicable related investigative and 
corrective actions, in accordance with the Accomplishment 
Instructions of Boeing Alert Service Bulletin 767-53A0251, dated 
August 7, 2013, except as provided by paragraph (h)(1) of this AD. 
Do all applicable related investigative and corrective actions 
before further flight.

(h) Exceptions to Service Information Specifications

    (1) Although Boeing Alert Service Bulletin 767-53A0251, dated 
August 7, 2013, specifies to contact Boeing for repair instructions, 
and specifies that action as ``RC'' (Required for Compliance), this 
AD requires repair before further flight using a method approved in 
accordance with the procedures specified in paragraph (i)(1) of this 
AD.
    (2) Where Paragraph 1.E., ``Compliance,'' of Boeing Alert 
Service Bulletin 767-53A0251, dated August 7, 2013, 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) 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 (j) 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 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.
    (4) Except as required by paragraph (h)(1) of this AD: For 
service information that contains steps that are labeled as Required 
for Compliance (RC), the provisions of paragraphs (i)(4)(i) and 
(i)(4)(ii) of this AD 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.

(j) 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: [email protected].

(k) 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 767-53A0251, dated August 7, 
2013.
    (ii) Reserved.
    (3) For Boeing 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.
    (4) You may view this service information at 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 September 11, 2015.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2015-24146 Filed 9-28-15; 8:45 am]
 BILLING CODE 4910-13-P