[Federal Register Volume 83, Number 2 (Wednesday, January 3, 2018)]
[Rules and Regulations]
[Pages 229-232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-28148]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0519; Product Identifier 2017-NM-001-AD; Amendment 
39-19138; AD 2017-26-07]
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 757-200, -200CB, and -300 series airplanes. 
This AD was prompted by a report of fatigue cracking found in a certain 
fuselage frame web. This AD requires inspection of the fuselage frame 
for existing repairs, repetitive inspections of the frame, and 
applicable repairs. We are issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective February 7, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of February 7, 
2018.

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 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-2017-0519.

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-
0519; 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 final rule, 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: Muoi Vuong, Aerospace Engineer, 
Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount 
Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5205; 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 certain The Boeing Company 
Model 757-200, -200CB, and -300 series airplanes. The NPRM published in 
the Federal Register on June 2, 2017 (82 FR 25550). The NPRM was 
prompted by a report of fatigue cracking found in the fuselage frame 
web at station (STA) 1681, below the floor line at stringer S-17L. The 
NPRM proposed to require inspection of the fuselage frame for existing 
repairs, repetitive inspections of the frame, and applicable repairs. 
We are issuing this AD to detect and correct cracking of the fuselage 
frame at STA 1681, which could result in reduced structural integrity 
of the airplane.

Comments

    We gave the public the opportunity to participate in developing 
this final rule. The following presents the comments received on the 
NPRM and the FAA's response to each comment.

Support for the NPRM

    United Airlines agreed with the content of the NPRM, and has 
started the proposed inspections.
    FedEx's fleet of Model 757-200 airplanes was converted by VT Mobile 
Aerospace Engineering, Inc. (VT MAE), supplemental type certificate 
(STC) ST03562AT to a configuration similar to that of Boeing Model 757-
200SF airplanes, and is no longer configured as passenger airplanes. 
FedEx stated, however, that per the VT MAE comments to the NPRM, the AD 
would still be effective for the converted FedEx fleet. FedEx noted 
that VT MAE has recommended that the airplane configuration groups 
identified in Boeing Alert Service Bulletin 757-53A0100, dated November 
14, 2016, apply to the FedEx fleet. FedEx stated that it agrees with 
the airplane configuration groups cited by VT MAE and will comply with 
the actions in the proposed AD accordingly.

Request To Reference the Latest Service Information

    Boeing asked that we add Boeing Alert Service Bulletin 757-53A0100, 
Revision 1, dated September 14, 2017, to paragraphs (c), (g), (h)(1), 
and (h)(2) of the proposed AD as an alternative to using Boeing Alert 
Service Bulletin 757-53A0100, dated November 14, 2016 (referenced in 
the NPRM as the appropriate source of service information for 
accomplishing the actions). Boeing stated that the revised service 
information provides alternative inspections that allow longer 
inspection intervals.

[[Page 230]]

    We agree that this final rule should refer to the latest service 
information. Since we issued the NPRM, Boeing has released Boeing Alert 
Service Bulletin 757-53A0100, Revision 1, dated September 14, 2017. No 
additional work is necessary on airplanes on which the actions were 
performed before the effective date of this AD using Boeing Alert 
Service Bulletin 757-53A0100, dated November 14, 2016. We have 
therefore revised paragraphs (c), (g), (h)(1), and (h)(2) of this AD to 
refer to Boeing Alert Service Bulletin 757-53A0100, Revision 1, dated 
September 14, 2017. We have also added paragraph (i) to this AD to 
provide credit for using Boeing Alert Service Bulletin 757-53A0100, 
dated November 14, 2016, to accomplish the required actions before the 
effective date of this AD, and redesignated subsequent paragraphs 
accordingly.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that accomplishing the 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 paragraph (c)(1) and added 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 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.

Request To Clarify Exception Paragraph

    Delta Air Lines (Delta) asked that we clarify the following 
compliance time exception specified by paragraph (h)(1) of the proposed 
AD: ``Where Boeing Alert Service Bulletin 757-53A0100, dated November 
14, 2016, uses the phrase `after the original issue of this service 
bulletin' for determining compliance, for purposes of this AD, 
compliance is based on the effective date of this AD.'' Delta noted 
that the allowance for the phrase ``after the effective date of this 
AD'' could not strictly be applied without requesting further 
clarification in accordance with paragraph (i) of the proposed AD. 
Delta recommended that this phrase match the language specified in the 
referenced service bulletin.
    We agree with the commenter's request. We have revised the language 
in paragraph (h)(1) of this AD to address the commenter's concern.

Request To Change Repair Procedures

    FedEx asked that we revise the NPRM to specify that after repairs 
are done due to a crack finding, repetitive inspections be required 
only as based on the original equipment manufacturer (OEM), STC holder, 
or FAA requirements of the repair. FedEx also asked that the repetitive 
inspections be terminated for the portion of the inspection area 
covered by the repair. FedEx stated that Boeing Alert Service Bulletin 
757-53A0100, dated November 14, 2016, specifies repetitive high 
frequency eddy current inspections in accordance with the applicable 
figure in the referenced service information, regardless of whether a 
repair is installed due to a crack finding. FedEx added that if a 
repair is installed due to a crack finding, repetitive inspections of 
the repair are required in accordance with the OEM/STC holder and FAA 
requirements.
    We agree to provide clarification describing why the commenter's 
request to revise the NPRM is not necessary. The service bulletin is 
written such that the affected area is first inspected to determine if 
any repairs have been installed prior to the service bulletin. If an 
existing repair is found, then instructions are provided to contact 
Boeing for evaluation of the repair, to receive inspection 
instructions, and to do the inspection instructions. Paragraph (h)(2) 
of this AD requires that instructions received from Boeing are approved 
in accordance with AMOC procedures per paragraph (j) of this AD. The 
service bulletin then proceeds to address affected areas where an 
existing repair (as described above) does not exist by providing 
instructions to perform certain inspections to determine if a crack 
exists. When a crack is found, the service bulletin specifies to 
contact Boeing for repair instructions, do the repair, and then perform 
a repetitive inspection after a certain number of flight cycles for any 
crack in areas with no existing frame repair. These instructions must 
also be approved, per paragraph (h)(2) of this AD, in accordance with 
AMOC procedures per paragraph (j) of this AD. If a repair has been 
performed as a result of the previous inspection, the repetitive 
inspection is to be performed around the repair, but not of the repair 
itself. There are no repetitive inspections of the repairs specifically 
called out in the service bulletin. Each repetitive inspection in 
Tables 1 through Table 5 typically states at the end of the action, 
``in areas with no existing frame repair.'' As clarified above, this 
means to inspect the area around the existing frame repair. Therefore, 
there is no need to terminate the repetitive inspections within the 
service bulletin for the portion of the inspection area now covered by 
a repair. However, as previously stated, inspections of the repairs 
themselves will be addressed by AMOC. We have not changed this AD in 
this regard.

Request To Add Information Notice to Service Information

    FedEx asked that Boeing Alert Service Bulletin Information Notice 
757-53A0100 IN 01, dated December 15, 2016, be referenced in the 
proposed AD. FedEx stated that IN 01 contains corrections to Boeing 
Alert Service Bulletin 757-53A0100, dated November 14, 2016.
    We do not agree with the commenter's request. Boeing Alert Service 
Bulletin Information Notice 757-53A0100 IN 01, dated December 15, 2016, 
contains corrections to errors in Boeing Alert Service Bulletin 757-
53A0100, dated November 14, 2016, but contains no technical changes. 
Those corrections are included in Boeing Alert Service Bulletin 757-
53A0100, Revision 1, dated September 14, 2017, which, as explained 
previously, is referenced in this AD; therefore, we have not changed 
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 final rule 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 final 
rule.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 757-53A0100, Revision 1, 
dated September 14, 2017. The service information describes procedures 
for inspection of the fuselage frame for existing frame and floor beam 
repairs, repetitive high frequency eddy current inspections for 
cracking in any area with no existing frame repair, and repetitive high 
and low frequency eddy current inspections for cracking in any area 
with no existing frame or floor beam repair; and repair. This service

[[Page 231]]

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 606 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD:

                                                 Estimated Costs
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                                                                                                 Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspection for existing frame and  1 work-hour x $85                $0  $85................  $51,510.
 floor beam repairs.                per hour = $85.
Repetitive inspections...........  Up to 32 work-hours              $0  Up to $2,720 per     Up to $1,648,320
                                    x $85 per hour =                     inspection cycle.    per inspection
                                    up to $2,720 per                                          cycle.
                                    inspection cycle.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition 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.
    This 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

    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):

2017-26-07 The Boeing Company: Amendment 39-19138; Docket No. FAA-
2017-0519; Product Identifier 2017-NM-001-AD.

(a) Effective Date

    This AD is effective February 7, 2018.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to The Boeing Company Model 757-200, -200CB, 
and -300 series airplanes, certificated in any category, as 
identified in Boeing Alert Service Bulletin 757-53A0100, Revision 1, 
dated September 14, 2017.
    (2) Installation of Supplemental Type Certificate (STC) 
ST01518SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/
rgstc.nsf/0/312bc296830a925c86257c85006d1b1f/$FILE/ST01518SE.pdf) 
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 a report of fatigue cracking found in 
the fuselage frame web at station (STA) 1681. We are issuing this AD 
to detect and correct cracking of the fuselage frame at STA 1681, 
which could result in reduced structural integrity of the airplane.

(f) Compliance

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

(g) Actions Required for Compliance

    Except as required by paragraph (h) of this AD: Do all 
applicable actions identified as required for compliance (RC) in, 
and in accordance with, the Accomplishment Instructions of Boeing 
Alert Service Bulletin 757-53A0100, Revision 1, dated September 14, 
2017. Do the actions at the applicable times specified in paragraph 
1.E., ``Compliance,'' of Boeing Alert Service Bulletin 757-53A0100, 
Revision 1, dated September 14, 2017.

(h) Exceptions

    (1) For purposes of determining compliance with the requirements 
of this AD, the phrase ``the effective date of this AD'' may be 
substituted for ``the original issue date of this service bulletin'' 
as specified in Boeing Alert Service Bulletin 757-53A0100, Revision 
1, dated September 14, 2017.
    (2) Where Boeing Alert Service Bulletin 757-53A0100, Revision 1, 
dated September 14, 2017, specifies contacting Boeing for

[[Page 232]]

instructions, and specifies that action as RC: This AD requires 
using a method approved in accordance with the procedures specified 
in paragraph (j) of this AD.

(i) Credit for Previous Actions

    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 757-
53A0100, dated November 14, 2016.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles ACO Branch, 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 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, Los Angeles 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) Except as required by paragraph (h)(2) of this AD: For 
service information that contains steps that are labeled as 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. 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 Muoi Vuong, 
Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch, 
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5205; fax: 562-627-5210; email: [email protected].
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (l)(3) and (l)(4) of this AD.

(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 757-53A0100, Revision 1, dated 
September 14, 2017.
    (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 
Standards Branch, 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 14, 2017.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2017-28148 Filed 1-2-18; 8:45 am]
 BILLING CODE 4910-13-P