[Federal Register Volume 82, Number 7 (Wednesday, January 11, 2017)]
[Rules and Regulations]
[Pages 3140-3143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31188]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-6428; Directorate Identifier 2015-NM-119-AD; 
Amendment 39-18764; AD 2016-26-06]
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 787-8 airplanes. This AD was prompted by 
reports indicating that certain wing side-of-body upper stringer 
fittings have been installed with faying surface mismatch beyond the 
allowed machining tolerance. This AD requires inspections of certain 
stringer fittings, replacement if necessary, and replacement of certain 
fasteners. We are issuing this AD to address the unsafe condition on 
these products.

DATES: This AD is effective February 15, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of February 15, 
2017.

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-2016-6428.

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-
6428; 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: Allen Rauschendorfer, Aerospace 
Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft 
Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-
3356; phone: 425-917-6487; 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 787-8 airplanes. The NPRM published in the Federal Register on 
May 11, 2016 (81 FR 29206) (``the NPRM''). The NPRM was prompted by 
reports indicating that certain wing side-of-body upper stringer 
fittings have been installed with faying surface mismatch beyond the 
allowed machining tolerance. The NPRM proposed to require inspection of 
certain stringer fittings for faying surface mismatch common to the 
side-of-body rib chord, replacement if necessary, and replacement of 
the clearance fit fasteners common to the side-of-body fittings and 
upper side-of-body rib chord with tapered sleeve bolts. We are issuing 
this AD to prevent an unacceptable reduction of the fatigue life in the 
upper side-of-body rib chord. Associated fatigue cracks can reduce the 
structural capability of the upper side-of-body t-chord to a point 
where it cannot sustain limit load, which 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 and 
the FAA's response to each comment.

Request To Reference Revised Service Information

    United Airlines (UA) and All Nippon Airways (ANA) asked that we 
revise the NPRM to reference Boeing Alert Service Bulletin B787-81205-
SB570018-00, Issue 002, because Boeing Alert Service Bulletin B787-
81205-SB570018-00, Issue 001, dated July 1, 2015, is currently being 
revised by Boeing. UA and ANA added that by including the revised 
service information for accomplishing the specified actions, requests 
for alternative methods of compliance (AMOCs) will be reduced.
    We do not agree because the revised service information is not yet 
released. In an AD, we cannot refer to service information that does 
not exist because doing so violates Office of the Federal Register 
(OFR) regulations for approval of materials incorporated by reference 
in rules. To allow operators to use service information issued after 
publication of an AD, either we must supersede the AD to reference 
specific service information, or operators must request approval to use 
the new service information as an AMOC for the AD under the provisions 
of paragraph (j) of this AD. We consider addressing the unsafe 
condition as soon as possible a necessity. We might consider issuing a 
global AMOC if revised service information is approved. We have not 
changed this AD in this regard.

Request for Clarification of the Reason for the AD

    Boeing asked that we clarify that the proposed AD was prompted by 
reports indicating that the wing side-of-body stringer fittings that 
were installed with a faying surface mismatch beyond allowed tolerances 
were the upper stringer fittings.
    We agree that clarification of the language describing what 
prompted the AD is necessary. We have changed the SUMMARY section of 
this final rule, as well as paragraph (e) of this AD, to

[[Page 3141]]

include ``upper'' before ``stringer fittings.''

Request for Clarification of Certain Language in the Discussion Section

    Boeing asked that we clarify the Discussion section of the NPRM, 
which stated that the faying surface mismatch produces a gouge. Boeing 
requested that we revise this wording to indicate that a gouge produced 
from a faying surface mismatch is a possibility, not a certainty.
    We do not agree that the description in the Discussion section of 
the NPRM is inaccurate, because excessive cutter mismatch will produce 
a gouge in the mating surface eventually. In addition, the Discussion 
section of NPRMs is not fully repeated in final rules. Therefore, we 
have not changed this AD in this regard.

Request for Clarification of Corrective Actions

    Boeing asked that we clarify the description of the corrective 
actions in the ``Related Service Information under 1 CFR part 51'' 
section of the NPRM by distinguishing certain conditions associated 
with the various corrective actions.
    We agree that clarification of the language is necessary. The 
``Related Service Information under 1 CFR part 51'' section in an AD 
simply describes the various actions in the service information; it 
does not describe the detailed requirements with specific corrective 
actions for specific inspection findings. Therefore, we have changed 
that section in this final rule to simply list the different actions 
provided in Boeing Alert Service Bulletin B787-81205-SB570018-00, Issue 
001, dated July 1, 2015.

Request for Clarification of Certain Language in FAA's Determination 
Section

    Boeing asked that the word ``other'' be removed from the ``FAA's 
Determination'' section of the NPRM, which specifies that the unsafe 
condition ``is likely to exist or develop in other products of the same 
type design.'' Boeing stated that the unsafe condition resulted from a 
quality escapement applicable to specific line numbers, and therefore 
is not likely to develop in other products of the same type design 
(i.e., the entire 787-8 fleet).
    We do not agree to remove the word ``other'' from the specified 
sentence. In 14 CFR 39.5, which defines the reason for issuing ADs, it 
states that an AD addresses ``a product'' when the unsafe condition is 
likely to exist or develop in ``other products'' of the same type 
design. The product addressed by an AD refers to the airplane(s) 
associated with the incident or specific findings that prompted the AD. 
In this case, the ``other products'' extends to Model 787-8 airplanes 
that are identified in paragraph (c) of this AD--that is, airplanes 
identified in Boeing Alert Service Bulletin B787-81205-SB570018-00, 
Issue 001, dated July 1, 2015--not the entire fleet. We have not 
changed this AD in this regard.

Request for Clarification of Compliance Time

    Boeing asked that we change the compliance time wording in 
paragraph (g) of the proposed AD for clarification by referring to 
Boeing Alert Service Bulletin B787-81205-SB570018-00, Issue 001, dated 
July 1, 2015, instead of specifying the actual compliance time.
    We do not agree with the request. Paragraph (g) of the proposed AD 
(which is retained in this final rule) provides the compliance time 
(before the accumulation of 18,000 total flight cycles, or within 13 
years after the effective date of this AD, whichever occurs first) 
because the Accomplishment Instructions of the service information do 
not provide a compliance time for the inspection. We have not changed 
this AD regarding this issue.

Request for Clarification of Type of Inspections and Applicable 
Corrective Actions

    Boeing asked that we clarify the description of the inspections 
specified in paragraphs (g)(1), (g)(2), and (g)(3) of the proposed AD 
as follows: (1) Do a detailed inspection for a machine mismatch 
condition of the stringer 1 fitting faying surface; (2) Do a detailed 
inspection of the faying surface of the aluminum T-chord common to 
stringer 1 fitting for fretting damage; and (3) Do an eddy current 
inspection for cracking of the fastener holes common to stringer 
fittings 1 and 5 through 11. Boeing stated that this will more closely 
match the information and sequence of the inspections specified in the 
referenced service information.
    We agree with the commenter's request to clarify the inspection 
language specified in paragraphs (g)(1), (g)(2), and (g)(3) of this AD, 
for the reasons provided. We have clarified those paragraphs 
accordingly.
    Boeing asked that we revise paragraph (h) of the proposed AD to 
clarify the corrective actions. The commenter defined four corrective 
actions (which are also defined in the service information).
    We agree with the commenter's request in part. We do not agree to 
clarify the corrective actions because the actions described by the 
commenter are for the inspections required by paragraph (g) of this AD, 
and are clearly specified in Boeing Alert Service Bulletin B787-81205-
SB570018-00, Issue 001, dated July 1, 2015. Those corrective actions 
are identified in paragraph (g) of this AD as, simply, ``corrective 
actions,'' and are further defined by reference to Boeing Alert Service 
Bulletin B787-81205-SB570018-00, Issue 001, dated July 1, 2015. 
However, we do agree to change the title of paragraph (h) of this AD to 
specify ``Modification, Inspection, and Repair'' to encompass the 
requirements specified in paragraph (h) of this AD.

Request for Clarification of RC Steps

    To ensure that all provisions within the RC steps for contacting 
Boeing are captured, Boeing requested that we revise paragraph (i) of 
the proposed AD to refer to repair of the ``applicable condition'' 
instead of just ``cracking.''
    We do not agree with the commenter's request. Boeing Alert Service 
Bulletin B787-81205-SB570018-00, Issue 001, dated July 1, 2015, 
specifies contacting Boeing if there is a crack; corrective actions for 
other discrepancies are provided within the service information.
    Boeing also asked that we add the following exception in paragraph 
(i) of the proposed AD:

    Additionally, where Boeing Alert Service Bulletin B787-81205-
SB570018-00, Issue 001, dated July 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.

    We do not agree to include the compliance time exception. As 
explained previously, the compliance times in this AD are defined using 
specific times instead of referring to the service information. 
Therefore, there are no exceptions to the service information regarding 
the compliance times in this AD. We have not changed this AD regarding 
this issue.

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

[[Page 3142]]

     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 Alert Service Bulletin B787-81205-SB570018-00, 
Issue 001, dated July 1, 2015. The service information describes 
procedures for inspection of the left and right hand side stringer 1 
fittings for faying surface mismatch common to the side-of-body rib 
chord, replacement of the stringer 1 fitting, and removal and 
replacement of the clearance fit fasteners common to the side-of-body 
fittings and upper side-of-body rib chord with tapered sleeve bolts 
from stringer 5 to stringer 11. 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 5 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
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Inspections and modification...........  144 work-hours x $85 per hour = $12,240........................        $100,079        $112,319        $561,595
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    We estimate the following costs to do any necessary corrective 
action for fretting damage or cutter mismatch based on the results of 
the inspection. We have no way of determining the number of aircraft 
that might need these corrective actions:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
              Action                                 Labor cost                     Parts cost        product
----------------------------------------------------------------------------------------------------------------
Repair for fretting damage or      9 work-hours x $85 per hour = $765...........              $0            $765
 cutter mismatch.
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    We have received no definitive data that enables us to provide cost 
estimates for the crack repair 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):

2016-26-06 The Boeing Company: Amendment 39-18764; Docket No. FAA-
2016-6428; Directorate Identifier 2015-NM-119-AD.

(a) Effective Date

    This AD is effective February 15, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 787-8 airplanes, 
certificated in any category, as identified in Boeing Alert Service 
Bulletin B787-81205-SB570018-00, Issue 001, dated July 1, 2015.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by reports indicating that certain wing 
side-of-body upper stringer fittings have been installed with faying 
surface mismatch beyond the allowed machining tolerance. We are 
issuing this AD to prevent an unacceptable reduction of the fatigue 
life in the upper side-of-body rib chord. Associated fatigue cracks 
can reduce the structural capability of the upper side-of-body t-
chord to a point where it cannot sustain limit load, which could

[[Page 3143]]

adversely affect the structural integrity of the airplane.

(f) Compliance

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

(g) Inspection and Corrective Actions

    Before the accumulation of 18,000 total flight cycles, or within 
13 years after the effective date of this AD, whichever occurs 
first, do the inspections specified in paragraphs (g)(1), (g)(2), 
and (g)(3) of this AD, and all applicable corrective actions, in 
accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin B787-81205-SB570018-00, Issue 001, dated July 1, 
2015, except as required by paragraph (i) of this AD. Do all 
applicable corrective actions before further flight.
    (1) Do a detailed inspection for a machine mismatch condition of 
the stringer 1 fitting faying surface.
    (2) Do a detailed inspection of the faying surface of the 
aluminum T-chord common to the stringer 1 fitting for fretting 
damage.
    (3) Do an eddy current inspection for cracking of the fastener 
holes common to stringer fitting 1 and stringer fittings 5 through 
11.

(h) Modification, Inspection, and Repair

    Concurrently with accomplishment of the requirements of 
paragraph (g) of this AD: Modify the stringer fitting fasteners, and 
do an eddy current inspection for cracking of the fastener holes, in 
accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin B787-81205-SB570018-00, Issue 001, dated July 1, 
2015. If any crack is found, before further flight, repair using a 
method approved in accordance with the procedures specified in 
paragraph (j) of this AD.

(i) Exception to Service Information Specifications

    Where Boeing Alert Service Bulletin B787-81205-SB570018-00, 
Issue 001, dated July 1, 2015, specifies to contact Boeing for 
repair of cracking: Before further flight, repair the cracking using 
a method approved in accordance with the procedures specified in 
paragraph (j) of this AD.

(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 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 Required for 
Compliance (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

    For more information about this AD, contact Allen 
Rauschendorfer, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, 
Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., 
Renton, WA 98057-3356; phone: 425-917-6487; fax: 425-917-6590; 
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 B787-81205-SB570018-00, Issue 
001, dated July 1, 2015.
    (ii) Reserved.
    (3) 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.
    (4) 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.
    (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 December 15, 2016.
Victor Wicklund,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-31188 Filed 1-10-17; 8:45 am]
 BILLING CODE 4910-13-P