[Federal Register Volume 82, Number 156 (Tuesday, August 15, 2017)]
[Proposed Rules]
[Pages 38634-38637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16578]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0769; Product Identifier 2017-NM-054-AD]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede Airworthiness Directive (AD) 2015-19-
12, which applies to certain The Boeing Company Model 767 airplanes. AD 
2015-19-12 requires a general visual inspection of certain lap splices 
for missing fasteners, and all applicable related investigative and 
corrective actions. Since we issued AD 2015-19-12, we have determined 
that additional airplanes are affected by the unsafe condition. This 
proposed AD would retain the actions required by AD 2015-19-12 and 
revise the applicability by adding airplanes. We are proposing this AD 
to address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by September 29, 
2017.

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: Contractual & Data Services (C&DS), 
2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA

[[Page 38635]]

90740-5600; telephone 562-797-1717; Internet https://www.myboeingfleet.com. You may view this referenced service information 
at the FAA, Transport Standards Branch, 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-2017-
0769.

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-2017-
0769; 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 Section, FAA, Seattle ACO Branch, 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 this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2017-0769; 
Product Identifier 2017-NM-054-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

    On September 11, 2015, we issued AD 2015-19-12, Amendment 39-18274 
(80 FR 58346, September 29, 2015) (``AD 2015-19-12''), for certain 
Model 767 airplanes. AD 2015-19-12 requires a general visual inspection 
of certain stringer 37 (S-37) lap splices for missing fasteners, and 
all applicable related investigative and corrective actions. AD 2015-
19-12 resulted from reports that six fasteners might not have been 
installed in the left and right S-37 between Body Station (BS) 428 and 
431 lap splices on certain airplanes. We issued AD 2015-19-12 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.

Actions Since AD 2015-19-12 Was Issued

    Since we issued AD 2015-19-12, we have determined that additional 
airplanes are affected by the unsafe conditions and must be added to 
the applicability of the AD.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 767-53A0251, Revision 1, 
dated March 7, 2017. The service information describes procedures for a 
general visual inspection of certain S-37 lap splices for missing 
fasteners, and applicable on-condition actions. 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 retain all requirements of AD 2015-19-12. 
This proposed AD does not explicitly restate the requirements of AD 
2015-19-12, which specified accomplishment of Boeing Alert Service 
Bulletin 767-53A0251, dated August 7, 2013. Paragraph (g) of this 
proposed AD would retain those requirements, which are included in 
Boeing Alert Service Bulletin 767-53A0251, Revision 1, dated March 7, 
2017, described previously. Paragraph (g) of this proposed AD would 
require accomplishment of the actions identified as ``RC'' (required 
for compliance) in the Accomplishment Instructions of Boeing Alert 
Service Bulletin 767-53A0251, Revision 1, dated March 7, 2017, 
described previously, except for any differences identified as 
exceptions in the regulatory text of this proposed AD. This proposed AD 
would add airplanes to the applicability. 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-2017-
0769.

Costs of Compliance

    We estimate that this proposed AD affects 398 airplanes of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD:

                                      Estimated Costs for Required Actions
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                                                                                    Cost per       Cost on U.S.
              Action                        Labor cost            Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Inspection........................  1 work-hour x $85 per                  $0              $85          $33,830
                                     hour = $85.
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    We estimate the following costs to do any necessary inspections/
installations that would be required based on the results of the 
proposed inspection. We have no way of determining the number of 
aircraft that might need these inspections/installations:

[[Page 38636]]



                                    Estimated Costs for On-Condition Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                 Action **                              Labor cost                 Parts cost        product
----------------------------------------------------------------------------------------------------------------
Detailed and high frequency eddy current    13 work-hours x $85 per hour =                   *           $1,105
 inspections and fastener installation.      $1,105.
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* All required parts are supplied by the operator. This cost is minimal, and we have no way to determine what an
  operator 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 proposed AD.

    According to the manufacturer, some of the costs of this proposed 
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 available 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.
    This proposed AD is issued in accordance with authority delegated 
by the Executive Director, Aircraft Certification Service, as 
authorized by FAA Order 8000.51C. In accordance with that order, 
issuance of ADs is normally a function of the Compliance and 
Airworthiness Division, but during this transition period, the 
Executive Director has delegated the authority to issue ADs applicable 
to transport category airplanes to the Director of the System Oversight 
Division.

Regulatory Findings

    We have 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 that the 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 removing Airworthiness Directive (AD) 
2015-19-12, Amendment 39-18274 (80 FR 58346, September 29, 2015), and 
adding the following new AD:

The Boeing Company: Docket No. FAA-2017-0769; Product Identifier 
2017-NM-054-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by September 29, 
2017.

(b) Affected ADs

    This AD replaces AD 2015-19-12, Amendment 39-18274 (80 FR 58346, 
September 29, 2015) (``AD 2015-19-12'').

(c) Applicability

    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, Revision 1, 
dated March 7, 2017.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports indicating that certain 
fasteners were not installed in the stringer 37 (S-37L and S-37R) 
lap splice between body stations 428 and 431 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) Required Actions

    Except as required by paragraph (h) of this AD: At the 
applicable times specified in paragraph 1.E., ``Compliance,'' of 
Boeing Alert Service Bulletin 767-53A0251, Revision 1, dated March 
7, 2017, do all applicable actions identified as ``RC'' (required 
for compliance) in, and in accordance with, the Accomplishment 
Instructions of Boeing Alert Service Bulletin 767-53A0251, Revision 
1, dated March 7, 2017.

(h) Exceptions to Service Information Specifications

    (1) Where Boeing Alert Service Bulletin 767-53A0251, Revision 1, 
dated March 7, 2017, specifies to contact Boeing for repair 
instructions: Before further flight, do the repair using a method 
approved in accordance with the procedures specified in paragraph 
(j) of this AD.
    (2) Where Paragraph 1.E., ``Compliance,'' of Boeing Alert 
Service Bulletin 767-53A0251, Revision 1, dated March 7, 2017, 
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.

(i) Credit for Previous Actions

    For Group 1 airplanes as defined in Boeing Alert Service 
Bulletin 767-53A0251, Revision 1, dated March 7, 2017: This 
paragraph provides credit for the actions specified in paragraph (g) 
of this AD, if those actions were performed before the effective 
date of this AD using Boeing Alert Service Bulletin 767-53A0251, 
dated August 7, 2013.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO Branch, FAA, has the authority to 
approve AMOCs

[[Page 38637]]

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 
certification office, 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 Branch, 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 previously for AD 2015-19-12 are approved as 
AMOCs for the corresponding provisions of paragraph (g) of this AD.
    (5) 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 (j)(5)(i) and 
(j)(5)(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. If a step or substep is labeled ``RC Exempt,'' then the 
RC requirement is removed from that step or 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.

(k) Related Information

    (1) For more information about this AD, contact Wayne Lockett, 
Aerospace Engineer, Airframe Section, FAA, Seattle ACO Branch, 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: Contractual & Data Services 
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone 562-797-1717; Internet https://www.myboeingfleet.com. You may view this referenced service 
information at the FAA, Transport Standards Branch, 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 July 28, 2017.
John P. Piccola, Jr.,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2017-16578 Filed 8-14-17; 8:45 am]
 BILLING CODE 4910-13-P