[Federal Register Volume 81, Number 146 (Friday, July 29, 2016)]
[Rules and Regulations]
[Pages 49873-49876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17861]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-3700; Directorate Identifier 2015-NM-171-AD; 
Amendment 39-18595; AD 2016-15-04]
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 all The 
Boeing Company Model 757-200 and -200CB series airplanes. This AD was 
prompted by an evaluation by the design approval holder (DAH) 
indicating that the lap splices at stringer S-14R, lower fastener row, 
are subject to widespread fatigue damage (WFD). This AD requires 
external dual frequency eddy current (DFEC) or internal high frequency 
eddy current (HFEC) inspections of the lap splice, inner skin

[[Page 49874]]

fasteners, at stringer S-14R, station (STA) 440 through STA 540, and 
corrective action if necessary. We are issuing this AD to detect and 
correct cracking of the fuselage skin lap splice. Such cracking could 
result in reduced structural integrity of the airplane.

DATES: This AD is effective September 2, 2016.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 2, 
2016.

ADDRESSES: For service information identified in this final rule, 
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-
3700.

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-
3700; or in person at the Docket Management Facility between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this AD, the regulatory evaluation, any comments received, and 
other information. The address for the Docket Office (phone: 800-647-
5527) is Docket Management Facility, U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Eric Schrieber, Aerospace Engineer, 
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification 
Office (ACO), 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 
562-627-5348; fax: 562-627-5210; 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 all The Boeing Company 
Model 757-200 and -200CB series airplanes. The NPRM published in the 
Federal Register on March 1, 2016 (81 FR 10533) (``the NPRM''). The 
NPRM was prompted by an evaluation by the DAH indicating that the lap 
splices at stringer S-14R, lower fastener row, are subject to WFD. The 
NPRM proposed to require repetitive external DFEC or internal HFEC 
inspections of the lap splice, inner skin fasteners, at stringer S-14R, 
STA 440 through STA 540, and corrective action if necessary. We are 
issuing this AD to detect and correct cracking of the fuselage skin lap 
splice. Such cracking could result in reduced 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 and 
the FAA's response to each comment. Boeing indicated its support for 
the NPRM.

Request for Updated Service Information

    United Airlines generally concurred with the NPRM, but requested 
that repairs be incorporated into a subsequent revision of Boeing Alert 
Service Bulletin 757-53A0102, dated October 8, 2015. According to 
United Airlines, the lack of certain approved repairs adds a 
significant level of burden on the operators.
    We acknowledge United Airlines' comment and concerns. We have been 
advised that Boeing is working on revising the referenced service 
information to include repair information, but Boeing cannot provide a 
fixed date when the next revision will be published. To delay this AD 
until this service information is available is inappropriate since we 
have determined that an unsafe condition exists and that inspections 
must be conducted to ensure continued safety. If the updated service 
information is approved and published, any operator may request 
approval of an alternative method of compliance (AMOC) as specified in 
paragraph (j) of this AD. We may also consider further rulemaking after 
reviewing any updated service information. We have not changed this AD 
regarding this issue.

Request To Add Exclusion to the Service Information

    United Airlines requested that the note under step 3.B.1. of the 
Accomplishment Instructions of Boeing Alert Service Bulletin 757-
53A0102, dated October 8, 2015, be changed so that any FAA-approved 
repair that meets the minimum 3 rows on either side of the lap splice 
would qualify as exempt from the initial and repeat inspections. United 
Airlines stated that this change would remove the need to request 
approval of an AMOC.
    The FAA does not make changes to service bulletins. The commenter's 
request could be incorporated into the AD, but we do not agree with the 
requested change because each existing repair affected by this AD needs 
to be evaluated in accordance with paragraph (g) of this AD. For any 
repair in the affected area, operators may request approval of an AMOC 
as specified in paragraph (j) of this AD. We have not changed this AD 
regarding this issue.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that accomplishing the supplemental 
type certificate (STC) ST01518SE does not affect the actions specified 
in the NPRM.
    We agree with the commenter. We have redesignated paragraph (c) of 
the NPRM as (c)(1) and added new paragraph (c)(2) to this final rule to 
state that installation of STC ST01518SE does not affect the ability to 
accomplish the actions required by this final rule. Therefore, for 
airplanes on which STC ST01518SE is installed, a ``change in product'' 
AMOC approval request is not necessary to comply with the requirements 
of 14 CFR 39.17.

Clarification of Service Information Exception

    Paragraph (h)(2) of the NPRM describes a standard service 
information exception; however that exception does not apply to Boeing 
Alert Service Bulletin 757-53A0102, dated October 8, 2015. Therefore, 
we have removed paragraph (h)(2) of the NPRM from 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 for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

[[Page 49875]]

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 757-53A0102, dated 
October 8, 2015. The service information describes procedures for 
performing repetitive external DFEC or internal HFEC inspections of the 
lap splice, inner skin fasteners, at stringer S-14R, STA 440--STA 540, 
and corrective action if necessary. This service information is 
reasonably available because the interested parties have access to it 
through their normal course of business or by the means identified in 
the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 572 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
----------------------------------------------------------------------------------------------------------------
Option 1: External DFEC           4 work-hours x $85  $0................  $340 per            $194,480 per
 inspection.                       per hour = $340                         inspection cycle.   inspection cycle.
                                   per inspection
                                   cycle.
Option 2: Internal HFEC           10 work-hours x     $0................  $850 per            $486,200 per
 inspection.                       $85 per hour =                          inspection cycle.   inspection cycle.
                                   $850 per
                                   inspection cycle.
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    We have received no definitive data that will enable us to provide 
cost estimates for the on-condition actions specified in this AD.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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


Sec.  39.13  [Amended]

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

2016-15-04 The Boeing Company: Amendment 39-18595; Docket No. FAA-
2016-3700; Directorate Identifier 2015-NM-171-AD.

(a) Effective Date

    This AD is effective September 2, 2016.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to all The Boeing Company Model 757-200 and 
-200CB series airplanes, certificated in any category.
    (2) Installation of Supplemental Type Certificate (STC) 
ST01518SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgSTC.nsf/0/38B606833BBD98B386257FAA00602538?OpenDocument&Highlight=st01518se) 
does not affect the ability to accomplish the actions required by 
this AD. Therefore, for airplanes on which STC ST01518SE is 
installed, a ``change in product'' alternative method of compliance 
(AMOC) approval request is not necessary to comply with the 
requirements of 14 CFR 39.17.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by an evaluation by the design approval 
holder indicating that the lap splices at stringer S-14R, lower 
fastener row, are subject to widespread fatigue damage. We are 
issuing this AD to detect and correct cracking of the fuselage skin 
lap splice. Such cracking could result in reduced structural 
integrity of the airplane.

(f) Compliance

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

(g) Inspections

    At the applicable time specified in paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin 757-53A0102, dated 
October 8, 2015, except as required by paragraph (h) of this AD: Do 
an external dual frequency eddy current inspection or internal high 
frequency eddy current inspection for cracking of the lap splice, 
inner skin lower fastener row, at stringer S-14R, station (STA) 440 
through STA 540, in accordance with the Accomplishment Instructions 
of Boeing Alert Service Bulletin 757-53A0102, dated October 8, 2015. 
Repeat either inspection thereafter at the time specified in 
paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin 
757-53A0102, dated October 8, 2015.

(h) Service Information Exceptions

    Where Boeing Alert Service Bulletin 757-53A0102, dated October 
8, 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) Repair

    If any crack is found during any inspection required by this AD, 
before further flight, repair using a method approved in

[[Page 49876]]

accordance with the procedures specified in paragraph (j) of this 
AD.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles 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) 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 Commercial Airplanes ODA that has 
been authorized by the Manager, Los Angeles ACO, to make those 
findings. To be approved, the repair method, modification deviation, 
or alteration deviation must meet the certification basis of the 
airplane, and the approval must specifically refer to this AD.
    (4) Except as required by paragraph (h) of this AD: For service 
information that contains steps that are labeled as Required for 
Compliance (RC), the provisions of paragraphs (j)(4)(i) and 
(j)(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.

(k) Related Information

    For more information about this AD, contact Eric Schrieber, 
Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles ACO, 
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5348; fax: 562-627-5210; email: [email protected].

(l) 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 757-53A0102, dated October 8, 
2015.
    (ii) Reserved.
    (3) 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.
    (4) 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.
    (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 July 21, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-17861 Filed 7-28-16; 8:45 am]
 BILLING CODE 4910-13-P