[Federal Register Volume 81, Number 214 (Friday, November 4, 2016)]
[Rules and Regulations]
[Pages 76851-76854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25958]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-6669; Directorate Identifier 2015-NM-191-AD; 
Amendment 39-18698; AD 2016-22-09]
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 superseding Airworthiness Directive (AD) 2006-20-11 for 
certain The Boeing Company Model 757-200, -200CB, and -200PF series 
airplanes. AD 2006-20-11 required initial and repetitive detailed or 
high frequency eddy current (HFEC) inspections for cracks around the 
rivets at the upper fastener row of the skin lap splice of the 
fuselage, and repair of any crack found. This new AD no longer allows 
the detailed inspections and instead requires repetitive external HFEC 
inspections for cracking of the skin lap splices of the fuselage, and 
repair if necessary. This AD was prompted by an evaluation done by the 
design approval holder (DAH) indicating that the fuselage skin lap 
splice is subject to widespread fatigue damage (WFD). We are issuing 
this AD to detect and correct fatigue cracking at certain skin lap 
splice locations of the fuselage, which could result in reduced 
structural integrity and rapid decompression of the airplane.

DATES: This AD is effective December 9, 2016.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 9, 
2016.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of 
November 8, 2006 (71 FR 58485, October 4, 2006).

ADDRESSES: For service information identified in this final rule, 
contact Boeing Commercial Airplanes, Attention: Contractual & Data 
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 
90740; telephone 562-797-1717; 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-2016-6669.

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-
6669; 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 to supersede AD 2006-20-11, Amendment 39-14781 (71 FR 58485, 
October 4, 2006) (``AD 2006-20-11''). AD 2006-20-11 applied to certain 
The Boeing Company Model 757-200, -200CB, and -200PF series airplanes. 
The NPRM published in the Federal Register on May 12, 2016 (81 FR 
29508) (``the NPRM''). The NPRM was prompted by an evaluation done by 
the DAH indicating that the fuselage skin lap splice is subject to WFD. 
The NPRM proposed to require repetitive external HFEC inspections for 
cracking of the skin lap splices of the fuselage, and repair if 
necessary. We are issuing this AD to detect and correct fatigue 
cracking at certain skin lap splice locations of the fuselage, which 
could result in reduced structural integrity and rapid decompression 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.

Support of the NPRM

    FedEx provided comments that supported the intent of the NPRM.

Request To Change Compliance Time

    Boeing and United Airlines (UA) asked that we change the compliance 
time for the repetitive HFEC inspections specified in paragraph (j) of 
the proposed AD. Boeing learned that some operators began doing 
inspections long before the 37,500-flight-cycle threshold was attained. 
Boeing stated that the compliance table in Boeing Special Attention 
Service Bulletin 757-53-0090, Revision 1, dated November 19, 2015, 
provided grace periods for doing the HFEC inspections after doing 
previous inspections, but did not provide for previous inspections 
being done within the grace period or before the required threshold of 
37,500 flight cycles, whichever occurs later. Boeing added that, as 
written, the service information specifies repetitive inspections 
within 3,000 flight cycles after any previous detailed inspection and 
within 12,000 flight cycles after any previous HFEC inspection--even if 
the interval occurred before the 37,500-flight-cycle threshold.
    UA stated that if an operator decided to proactively accomplish 
either a detailed or HFEC inspection before the specified compliance 
time in, and in accordance with either Boeing Special Attention Service 
Bulletin 757-53-0090, dated June 2, 2005 or Boeing Special Attention 
Service Bulletin 757-53-0090, Revision 1, dated November 19, 2015, then 
the inspection would have to be repeated within 3,000 or 12,000 flight 
cycles, depending on which inspection was previously done. UA stated 
that this compliance time could be much sooner than the intended 37,500 
flight cycles. UA noted that it discussed this problem with Boeing and 
hoped it could be clarified in the NPRM.
    We agree with the commenters' requests to change the compliance 
time for the repetitive HFEC inspections specified in paragraph (j) of 
this AD. According to the proposed AD, operators that accomplished the 
inspections early would be required to do the inspections before 
reaching the inspection threshold specified in paragraph (j) of the 
proposed AD. It was not the intent of Boeing or the FAA to require that 
the airplane be inspected

[[Page 76852]]

prior to reaching the required threshold. Therefore, we have added new 
paragraphs (j)(1) and (j)(2) to this AD to include the additional 
compliance times.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that accomplishing the supplemental 
type certificate (STC) ST01518SE does not affect compliance with the 
actions specified in the NPRM.
    We agree with the commenter. We have redesignated paragraph (c) of 
the proposed AD as (c)(1) and added a new paragraph (c)(2) to this AD 
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'' 
alternative method of compliance (AMOC) approval request is not 
necessary to comply with the requirements of 14 CFR 39.17.

Request To Include Approved Repairs in Revised Service Information

    UA asked that instructions for approved repairs be incorporated 
into the next revision of Boeing Special Attention Service Bulletin 
757-53-0090, Revision 1, dated November 19, 2015, as an AMOC to the 
NPRM. UA stated that the lack of approved repairs in the service 
information adds a significant burden to operators, Boeing Designated 
Airworthiness Representatives, and the Los Angeles Aircraft 
Certification Office.
    We acknowledge the commenter's concern. If the service information 
is revised to include instructions for approved repairs, affected 
operators may request approval to use the later revision of the 
referenced service information as an AMOC, under the provisions of 
paragraph (m) of this AD. We have made no change to this AD in this 
regard.

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.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Special Attention Service Bulletin 757-53-0090, 
Revision 1, dated November 19, 2015. The service information describes 
procedures for repetitive external HFEC inspections for cracking of the 
skin lap splices of the fuselage. 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
                Action                             Labor cost                Parts cost          Cost per  product            Cost on U.S. operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspections [retained actions from AD  Up to 20 work[dash]hours x $85 per              $0  Up to $1,700 per inspection   Up to $972,400 per inspection
 2006-20-11].                           hour = up to $1,700 per                             cycle.                        cycle.
                                        inspection cycle.
New inspections......................  Up to 20 work[dash]hours x $85 per              $0  Up to $1,700 per inspection   Up to $972,400 per inspection
                                        hour = up to $1,700 per                             cycle.                        cycle.
                                        inspection cycle.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide 
a cost estimate for the on-condition repairs 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

    We have determined that 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.

[[Page 76853]]

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD) 
2006-20-11, Amendment 39-14781 (71 FR 58485, October 4, 2006), and 
adding the following new AD:

2016-22-09 The Boeing Company: Amendment 39-18698; Docket No. FAA-
2016-6669; Directorate Identifier 2015-NM-191-AD.

(a) Effective Date

    This AD is effective December 9, 2016.

(b) Affected ADs

    This AD replaces AD 2006-20-11, Amendment 39-14781 (71 FR 58485, 
October 4, 2006) (``AD 2006-20-11''). This AD affects AD 2006-11-11, 
Amendment 39-14615 (71 FR 30278, May 26, 2006) (``AD 2006-11-11'').

(c) Applicability

    (1) This AD applies to The Boeing Company Model 757-200, -200CB, 
and -200PF series airplanes, certificated in any category, as 
identified in Boeing Special Attention Service Bulletin 757-53-0090, 
Revision 1, dated November 19, 2015.
    (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 done by the design 
approval holder indicating that the fuselage skin lap splice is 
subject to widespread fatigue damage. We are issuing this AD to 
detect and correct fatigue cracking at certain skin lap splice 
locations of the fuselage, which could result in reduced structural 
integrity and rapid decompression of the airplane.

(f) Compliance

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

(g) Retained Initial and Repetitive Inspections, With Terminating 
Action

    This paragraph restates the requirements of paragraph (f) of AD 
2006-20-11, with terminating action. Do initial and repetitive 
detailed or high frequency eddy current (HFEC) inspections for 
cracking around the rivets at the upper fastener row of the skin lap 
splice of the fuselage by doing all the actions in accordance with 
the Accomplishment Instructions of Boeing Special Attention Service 
Bulletin 757-53-0090, dated June 2, 2005, except as provided by 
paragraphs (h) and (i) of this AD. Do the inspections at the 
applicable times specified in Paragraph 1.E., ``Compliance,'' of 
Boeing Special Attention Service Bulletin 757-53-0090, dated June 2, 
2005; except where Boeing Special Attention Service Bulletin 757-53-
0090, dated June 2, 2005, specifies a compliance time ``after the 
original release date of this service bulletin,'' this AD requires 
compliance after November 8, 2006 (the effective date of AD 2006-20-
11). Accomplishing an inspection required by paragraph (j) of this 
AD terminates the inspections required by this paragraph.

(h) Retained Repair, With No Changes

    This paragraph restates the requirements of paragraph (g) of AD 
2006-20-11, with no changes. 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 (m) of this AD.

(i) Retained Provision Regarding Reporting, With No Changes

    This paragraph restates the provision specified in paragraph (h) 
of AD 2006-20-11, with no changes. Although Boeing Special Attention 
Service Bulletin 757-53-0090, dated June 2, 2005, recommends that 
inspection results be reported to the manufacturer, this AD does not 
include that requirement.

(j) New Repetitive Inspections

    At the applicable time specified in table 1 of paragraph 1.E., 
``Compliance,'' of Boeing Special Attention Service Bulletin 757-53-
0090, Revision 1, dated November 19, 2015, except as provided by 
paragraphs (j)(1), (j)(2), and (l)(1) of this AD: Do an external 
HFEC inspection for cracking of the skin lap splices of the 
fuselage, in accordance with the Accomplishment Instructions of 
Boeing Special Attention Service Bulletin 757-53-0090, Revision 1, 
dated November 19, 2015. Repeat the inspection thereafter at the 
applicable times specified in table 1 of paragraph 1.E., 
``Compliance,'' of Boeing Special Attention Service Bulletin 757-53-
0090, Revision 1, dated November 19, 2015. Doing an inspection 
required by this paragraph terminates the inspections required by 
paragraph (g) of this AD.
    (1) For airplanes on which Option 1 (detailed inspection) of 
Boeing Special Attention Service Bulletin 757-53-0090, dated June 2, 
2005, has been done: Repeat the HFEC inspection before the 
accumulation of 37,500 total flight cycles, or within 3,000 flight 
cycles after accomplishing the most recent detailed inspection, 
whichever occurs later.
    (2) For airplanes on which Option 2 (HFEC inspection) of Boeing 
Special Attention Service Bulletin 757-53-0090, dated June 2, 2005, 
has been done: Repeat the HFEC inspection before the accumulation of 
37,500 total flight cycles, or within 12,000 flight cycles after 
accomplishing the most recent HFEC inspection, whichever occurs 
later.

(k) Repair for Cracking Found During Inspections Required by Paragraph 
(j) of This AD

    If any cracking is found during any inspection required by 
paragraph (j) of this AD, repair before further flight using a 
method approved in accordance with the procedures specified in 
paragraph (m) of this AD.

(l) Exceptions to Service Information

    (1) Where Boeing Special Attention Service Bulletin 757-53-0090, 
Revision 1, dated November 19, 2015, specifies a compliance time 
``after the Revision 1 date of this service bulletin,'' this AD 
requires compliance within the specified compliance time after the 
effective date of this AD.
    (2) Although Boeing Special Attention Service Bulletin 757-53-
0090, Revision 1, dated November 19, 2015, specifies to contact 
Boeing for repair instructions, and specifies that action as ``RC'' 
(Required for Compliance), paragraph (k) of this AD requires repair 
before further flight using a method approved in accordance with the 
procedures specified in paragraph (m) of this AD.

(m) 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 (n)(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 Commercial Airplanes Organization 
Designation Authorization (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) AMOCs approved for AD 2006-20-11, are approved as AMOCs for 
the corresponding provisions of paragraphs (g) and (j) of this AD.
    (5) Except as required by paragraph (l)(2) of this AD: For 
service information that contains steps that are labeled as Required 
for Compliance (RC), the provisions of paragraphs (m)(5)(i) and 
(m)(5)(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. If a step or substep is labeled ``RC Exempt,'' then the 
RC requirement is removed from that step or

[[Page 76854]]

substep. 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.
    (6) The inspections specified in paragraph (g) of this AD are 
approved as an AMOC to paragraph (h) of AD 2006-11-11 for the 
inspections of Significant Structural Items (SSI) 53-30-07 and 53-
60-07 (fuselage lap splices, left and right upper fastener row) 
listed in the May 2003 or June 2005 revision of the Boeing 757 
Maintenance Planning Data (MPD) Document D622N001-9. This AMOC 
applies only to the common areas identified in paragraphs (m)(6)(i) 
and (m)(6)(ii) of this AD. All provisions of AD 2006-11-11 that are 
not specifically referenced in the above statements remain fully 
applicable and must be complied with as specified in AD 2006-11-11. 
Operators may revise their maintenance or inspection program with 
these alternative inspections for common areas.
    (i) Common areas inspected before the effective date of this AD, 
in accordance with the Accomplishment Instructions of Boeing Special 
Attention Service Bulletin 757-53-0090, dated June 2, 2005.
    (ii) Common areas inspected in accordance with the 
Accomplishment Instructions of Boeing Special Attention Service 
Bulletin 757-53-0090, Revision 1, dated November 19, 2015.

(n) 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].

(o) 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.
    (3) The following service information was approved for IBR on 
December 9, 2016.
    (i) Boeing Special Attention Service Bulletin 757-53-0090, 
Revision 1, dated November 19, 2015.
    (ii) Reserved.
    (4) The following service information was approved for IBR on 
November 8, 2006 (71 FR 58485, October 4, 2006).
    (i) Boeing Special Attention Service Bulletin 757-53-0090, dated 
June 2, 2005.
    (ii) Reserved.
    (5) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Contractual & Data Services 
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740; 
telephone 562-797-1717; Internet https://www.myboeingfleet.com.
    (6) You may view this 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.
    (7) 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 October 20, 2016.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-25958 Filed 11-3-16; 8:45 am]
 BILLING CODE 4910-13-P