[Federal Register Volume 83, Number 29 (Monday, February 12, 2018)]
[Rules and Regulations]
[Pages 5912-5915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02358]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0901; Product Identifier 2017-NM-106-AD; Amendment 
39-19183; AD 2018-03-10]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all The 
Boeing Company Model 757-300 series airplanes. This AD was prompted by 
reports of scribe line damage on fuselage skin. This AD requires 
detailed inspections of fuselage skin for the presence of scribe lines, 
and applicable on-condition actions. We are issuing this AD to address 
the unsafe condition on these products.

DATES: This AD is effective March 19, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 19, 
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 
90740-5600; 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-
0901.

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-
0901; 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

[[Page 5913]]

Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 
20590.

FOR FURTHER INFORMATION CONTACT: David Truong, Aerospace Engineer, 
Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount 
Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5224; fax: 562-627-
5210; email: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to all The Boeing Company 
Model 757-300 series airplanes. The NPRM published in the Federal 
Register on September 29, 2017 (82 FR 45526). The NPRM was prompted by 
reports of scribe line damage on fuselage skin, caused by sharp tools 
used during fuselage maintenance. The NPRM proposed to require detailed 
inspections of fuselage skin for the presence of scribe lines, and 
applicable on-condition actions.
    We are issuing this AD to detect and correct scribe line damage. 
Failure to detect and completely remove scribe lines may lead to 
fatigue cracking, rapid decompression, and inability of the principal 
structural element to sustain limit load.

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

    The Boeing Company and United Airlines supported the NPRM.

Request To Add Exemption Paragraph

    Delta Air Lines (Delta) asserted that any FAA-approved repair 
installed after the original issue date of Boeing Alert Service 
Bulletin 757-53A0107, dated July 20, 2017, would not have the scribe 
line issue because operators are using the approved sealant removal 
tools and instructions specified in the Boeing Alert Service Bulletin 
757-53A0107, dated July 20, 2017, which would prevent the occurrence of 
scribe line damage. Delta requested that a paragraph be added to the 
proposed AD specifying that such a repair would be exempt from the 
requirements of the proposed AD.
    We agree with the commenter's request because the Boeing Alert 
Service Bulletin 757-53A0107, dated July 20, 2017, provides an 
exception to inspection requirements for external and internal approved 
repairs that are installed under certain conditions, including the use 
and recording of the correct sealant removal procedure. An FAA-approved 
repair that is installed under the same conditions would also be 
provided the same exception to the inspection requirements. We have 
added paragraph (h)(3) to this AD to specify that, for the purposes of 
determining compliance with the requirements of this AD, the phrase 
``FAA-approved repair'' may be substituted for ``approved repair'', as 
specified in Boeing Alert Service Bulletin 757-53A0107, dated July 20, 
2017.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that accomplishing the Supplemental 
Type Certificate (STC) ST01518SE does not affect the actions specified 
in the NPRM.
    We concur 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.

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 757-53A0107, dated July 
20, 2017. The service information describes procedures for detecting 
and correcting scribe line damage on fuselage skin. 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 37 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                Cost on U.S.
           Action                   Labor cost         Parts cost       Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Inspections.................  Up to 149 work-hours               $0  Up to $12,665 per      Up to $468,605 per
                               x $85 per hour =                       inspection cycle.      inspection cycle.
                               $12,665 per
                               inspection cycle.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in this AD.

Authority for This Rulemaking

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

[[Page 5914]]

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):

2018-03-10 The Boeing Company: Amendment 39-19183; Docket No. FAA-
2017-0901; Product Identifier 2017-NM-106-AD.

 (a) Effective Date

    This AD is effective March 19, 2018.

 (b) Affected ADs

    None.

 (c) Applicability

    (1) This AD applies to all The Boeing Company Model 757-300 
series airplanes, certificated in any category.
    (2) Installation of Supplemental Type Certificate (STC) 
ST01518SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/
rgSTC.nsf/0/38b606833bbd98b386257faa00602538/$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 reports of scribe line damage on 
fuselage skin, caused by sharp tools used during fuselage 
maintenance. We are issuing this AD to detect and correct scribe 
line damage. Failure to detect and completely remove scribe lines 
may lead to fatigue cracking, rapid decompression, and inability of 
the principal structural element to sustain limit load.

 (f) Compliance

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

 (g) Required Actions

    Except as provided by paragraph (h) of this AD: At the 
applicable times specified in paragraph 1.E., ``Compliance,'' of 
Boeing Alert Service Bulletin 757-53A0107, dated July 20, 2017, do 
all applicable actions identified as ``RC'' (required for 
compliance) in, and in accordance with, the Accomplishment 
Instructions of Boeing Alert Service Bulletin 757-53A0107, dated 
July 20, 2017.

 (h) Exceptions to Service Information Specifications

    (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-
53A0107, dated July 20, 2017.
    (2) Where Boeing Alert Service Bulletin 757-53A0107, dated July 
20, 2017, specifies contacting Boeing, and specifies that action as 
RC: This AD requires repair using a method approved in accordance 
with the procedures specified in paragraph (i) of this AD.
    (3) For purposes of determining compliance with the requirements 
of this AD, the phrase ``FAA-approved repair'' may be substituted 
for ``approved repair,'' as specified in Boeing Alert Service 
Bulletin 757-53A0107, dated July 20, 2017.

 (i) 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 (j) 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 (i)(4)(i) and (i)(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.

 (j) Related Information

    For more information about this AD, contact David Truong, 
Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch, 
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5224; fax: 562-627-5210; email: [email protected].

 (k) 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 757-53A0107, dated July 20, 
2017.
    (ii) Reserved.
    (3) For service information identified in this AD, contact 
Boeing Commercial

[[Page 5915]]

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.
    (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 January 26, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-02358 Filed 2-9-18; 8:45 am]
 BILLING CODE 4910-13-P