[Federal Register Volume 83, Number 73 (Monday, April 16, 2018)]
[Rules and Regulations]
[Pages 16185-16188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07630]



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 Rules and Regulations
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  Federal Register / Vol. 83, No. 73 / Monday, April 16, 2018 / Rules 
and Regulations  

[[Page 16185]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0769; Product Identifier 2017-NM-054-AD; Amendment 
39-19249; AD 2018-07-18]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are superseding Airworthiness Directive (AD) 2015-19-12, 
which applied to certain The Boeing Company Model 767 airplanes. AD 
2015-19-12 required a general visual inspection of certain lap splices 
for missing fasteners, and all applicable related investigative and 
corrective actions. This AD retains the actions required by AD 2015-19-
12 and revises the applicability by adding airplanes. This AD was 
prompted by reports indicating that certain fasteners were not 
installed in a certain stringer lap splice on certain airplanes. We are 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective May 21, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 21, 
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, 2200 South 216th St., Des Moines, WA. 
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 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: Wayne Lockett, Aerospace Engineer, 
Airframe Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des 
Moines, WA 98198; phone and fax: 206-231-3524; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to supersede AD 2015-19-12, Amendment 39-18274 (80 FR 58346, 
September 29, 2015) (``AD 2015-19-12''). AD 2015-19-12 applied to 
certain the Boeing company Model 767 airplanes. The NPRM published in 
the Federal Register on August 15, 2017 (82 FR 38634). The NPRM 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. The NPRM proposed to 
continue to require the actions required by AD 2015-19-12 and revise 
the applicability by adding 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.

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 for the NPRM

    Boeing and FedEx Express concurred with the contents of the NPRM.

Request To Clarify Actions in the Service Information

    United Airlines asked if Boeing was going to revise the Model 767 
airworthiness limitation items to include exceptions for airplanes that 
have been repaired using the Accomplishment Instructions of Boeing 
Alert Service Bulletin 767-53A0251, Revision 1, dated March 7, 2017 
(``SB 767-53A0251''). The commenter observed that note 1 to table 2 in 
paragraph 1.E., ``Compliance,'' of SB 767-53A0251, indicates that lap 
splice fastener installation and repairs will affect Structural 
Significant Items (SSIs) 53-10-I07C and 53-10-I07D, as listed in 
Section 9, Airworthiness Limitations--Structural Inspections, of the 
Model 767 maintenance planning document. The commenter stated that 
their understanding is that if a repair is accomplished it could 
potentially interfere with an operator's ability to do the inspections 
specified in the SSIs.
    We do not agree that it is necessary to include exceptions in the 
Model 767 maintenance planning document for airplanes that have been 
repaired using the Accomplishment Instructions of SB 767-53A0251. SB 
767-53A0251 requires repairs be accomplished in accordance with the 
structural repair manual (SRM). The SRM repairs for lap splices provide 
alternative inspection instructions to the SSI inspections in the area 
of the repair, such that exceptions to the SSI inspections in the above 
mentioned Airworthiness Limitations section is not necessary. 
Additionally, the SRM denotes that the SRM alternative inspections 
provided in the SRM have been approved as an AMOC to the SSI 
inspections required to be incorporated into an operator's maintenance 
or inspection program as required by AD 2014-14-04. We have not changed 
this AD in regard to this issue.

Request To Identify Certain Actions in the Service Information as 
``RC'' Exempt

    United Airlines requested that certain actions in the 
Accomplishment Instructions of Boeing Alert Service

[[Page 16186]]

Bulletin 767-53A0251, Revision 1, dated March 7, 2017, be identified as 
``RC'' exempt. The commenter noted that action 3.B.1.b, ``Get internal 
access. Refer to PART 1--ACCESS as an accepted procedure,'' and action 
3.B.1.d, ``Install equipment that was removed for internal access. 
Refer to PART 2--RESTORATION as an accepted procedure'' are identified 
as ``RC'' items in the service information. The commenter stated that 
operators should be allowed to use alternate access and restoration 
procedures, therefore these steps should be denoted as ``RC'' exempt, 
or removed from the ``RC'' portion of the Accomplishment Instructions 
in Boeing Alert Service Bulletin 767-53A0251, Revision 1, dated March 
7, 2017.
    We disagree with the commenter's request because the service 
information already provides operators with the opportunity to use an 
accepted alternative procedure if the work instructions use the words 
``refer to'' when identifying procedures in other Boeing documents. 
Specifically, note 8 in section 3.A., ``General Information'' of Boeing 
Alert Service Bulletin 767-53A0251, Revision 1, dated March 7, 2017, 
states ``These work instructions refer to procedures included in other 
Boeing documents. When the words `refer to' are used and the operator 
has an accepted alternative procedure, the accepted alternative 
procedure can be used.'' More explicitly, accepted alternative 
procedures may be used for the RC actions in sections 3.B.1.b and 
3.B.1.d of Boeing Alert Service Bulletin 767-53A0251, Revision 1, dated 
March 7, 2017. We have not changed this AD in regard to this issue.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that accomplishing Supplemental 
Type Certificate (STC) ST01920SE does not affect the ability to 
accomplish the actions specified in the NPRM.
    We concur with the commenter. We have redesignated paragraph (c) of 
the proposed AD as (c)(1) and added paragraph (c)(2) to this AD to 
state that installation of STC ST01920SE does not affect the ability to 
accomplish the actions required by this AD. Therefore, for airplanes on 
which STC ST01920SE is installed, a ``change in product'' 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 AD with the change 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 have 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 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.

Costs of Compliance

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

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                     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.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary inspections/
installations that would be required based on the results of the 
inspection. We have no way of determining the number of aircraft that 
might need these inspections/installations:

                                    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.
----------------------------------------------------------------------------------------------------------------
* We have received no definitive data that will enable us to provide cost estimates for the repairs specified in
  this AD.
** 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.

    According to the manufacturer, some of the costs of this 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

[[Page 16187]]

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

    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.


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:

2018-07-18 The Boeing Company: Amendment 39-19249; Docket No. FAA-
2017-0769; Product Identifier 2017-NM-054-AD.

(a) Effective Date

    This AD is effective May 21, 2018.

(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

    (1) 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.
    (2) Installation of Supplemental Type Certificate (STC) 
ST01920SE (rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/59027F43B9A7486E86257B1D006591EE?OpenDocument&Highlight=st01920se) 
does not affect the ability to accomplish the actions required by 
this AD. Therefore, for airplanes on which STC ST01920SE 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 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 Alert Service Bulletin 767-53A0251, Revision 1, dated 
March 7, 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 (j) of this 
AD.
    (2) For purposes of determining compliance with the requirements 
of this AD: Where Boeing Alert Service Bulletin 767-53A0251, 
Revision 1, dated March 7, 2017, uses the phrase ``the Revision 1 
date of this service bulletin,'' this AD requires using ``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 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.

[[Page 16188]]

(k) Related Information

    (1) For more information about this AD, contact Wayne Lockett, 
Aerospace Engineer, Airframe Section, FAA, Seattle ACO Branch, 2200 
South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3524; 
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 767-53A0251, Revision 1, dated 
March 7, 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-
5600; telephone 562-797-1717; internet https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA, Transport 
Standards Branch, 2200 South 216th St., Des Moines, WA 98198. For 
information on the availability of this material at the FAA, call 
206-231-3195.
    (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 Des Moines, Washington, on March 30, 2018.
Chris Spangenberg,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-07630 Filed 4-13-18; 8:45 am]
 BILLING CODE 4910-13-P