[Federal Register Volume 83, Number 108 (Tuesday, June 5, 2018)]
[Rules and Regulations]
[Pages 25891-25894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11427]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-1099; Product Identifier 2017-NM-093-AD; Amendment 
39-19296; AD 2018-11-08]
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 767-200 and -300 series airplanes. This AD was 
prompted by a report of two cracks at a certain frame inner chord. This 
AD requires a detailed inspection for any material review board (MRB) 
filler installed in the area from the frame web to the stub-beam 
fitting at certain stations to determine if the filler extends above 
the frame-to-stub-beam joint, and applicable on-condition actions. We 
are issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective July 10, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 10, 
2018.

[[Page 25892]]


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. 
For information on the availability of this material at the FAA, call 
206-231-3195. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
1099.

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-
1099; or in person at Docket Operations 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 Docket Operations (phone: 800-647-
5527) is Docket Operations, 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 S. 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 by adding an AD that would apply to certain The Boeing Company 
Model 767-200 and -300 series airplanes. The NPRM was published in the 
Federal Register on December 6, 2017 (82 FR 57552). The NPRM was 
prompted by a report of a crack on the transition radius of the station 
(STA) 883.5 frame inner chord and an additional crack indication at a 
fastener hole in the frame inner chord common to a material review 
board (MRB) filler that extended above the frame-to-stub-beam joint. 
The NPRM proposed to require a detailed inspection for any MRB filler 
installed in the area from the frame web to the stub-beam fitting at 
certain stations to determine if the filler extends above the frame-to-
stub-beam joint, and applicable on-condition actions.
    We are issuing this AD to detect and correct cracking of the frame 
inner chord, which could result in the inability of one or more 
overwing stub frames between STA 808 and STA 933, each a principal 
structural element, to sustain limit loads; this condition could 
adversely affect the 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. Boeing concurred with the 
NPRM.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that accomplishing the Supplemental 
Type Certificate (STC) ST01920SE 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) of this AD 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'' alternative method of compliance (AMOC) approval 
request is not necessary to comply with the requirements of 14 CFR 
39.17.

Request To Confirm Intent of Compliance Time

    Paragraph (h)(1) of the proposed AD allowed operators to substitute 
``the effective date of this AD'' for ``the original issue date of 
Requirements Bulletin 767-53A0278 RB.'' United Airlines noted that this 
wording is different from that of recent NPRMs, where the AD effective 
date is the sole compliance date. United added that the proposed 
wording suggested that the operator can choose to use either the AD 
effective date or the original issue date of the RB when determining 
the compliance timeline. United requested that we clarify the intent of 
the provision of paragraph (h)(1) of the proposed AD.
    We agree with the commenter. We have revised paragraph (h)(1) of 
this AD to specify use of the effective date of this AD in determining 
the compliance time.

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 addressing 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 Requirements Bulletin 767-53A0278 RB, 
dated June 30, 2017. This service information describes procedures for 
a detailed inspection for any MRB filler installed in the area from the 
frame web to the stub-beam fitting on the left and right side at STA 
859.5, 883.5, and 903.5 to determine if the filler extends above the 
frame-to-stub-beam joint, and applicable on-condition actions. The 
applicable on-condition actions include repetitive surface high 
frequency eddy current inspections and repair for cracking in the frame 
inner chord around the end fastener common to each affected MRB filler. 
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 51 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD:

[[Page 25893]]



                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                   Action                        Labor cost       Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Detailed Inspection.........................  20 work-hours x              $0           $1,700          $86,700
                                              $85 per hour =
                                                      $1,700
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    We estimate the following costs to do any necessary on-condition 
actions that would be required. We have no way of determining the 
number of aircraft that might need these on-condition actions:

                                   Estimated Costs of On-Condition Inspections
----------------------------------------------------------------------------------------------------------------
                  Labor cost                      Parts cost                    Cost per product
----------------------------------------------------------------------------------------------------------------
3 work-hours x $85 per hour = $255 per                     $0   $255 per inspection cycle.
 inspection cycle.
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    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition repairs 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 and 
associated appliances 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):

2018-11-08 The Boeing Company: Amendment 39-19296; Docket No. FAA-
2017-1099; Product Identifier 2017-NM-093-AD.

(a) Effective Date

    This AD is effective July 10, 2018.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to The Boeing Company Model 767-200 and -300 
series airplanes, as identified in Boeing Alert Requirements 
Bulletin 767-53A0278 RB, dated June 30, 2017, certificated in any 
category.
    (2) Installation of Supplemental Type Certificate (STC) 
ST01920SE (http://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 a report of a crack on the transition 
radius of the station (STA) 883.5 frame inner chord and an 
additional crack indication at a fastener hole in the frame inner 
chord common to a material review board (MRB) filler that extended 
above the frame-to-stub-beam joint. We are issuing this AD to detect 
and correct cracking of the frame inner chord, which could result in 
the inability of one or more overwing stub frames between STA 808 
and STA 933, each a principal structural element, to sustain limit 
loads; this condition could adversely affect the structural 
integrity of the airplane.

(f) Compliance

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

[[Page 25894]]

(g) Required Actions

    Except as required by paragraph (h) of this AD: At the 
applicable times specified in the ``Compliance'' paragraph of Boeing 
Alert Requirements Bulletin 767-53A0278 RB, dated June 30, 2017, do 
all applicable actions identified in, and in accordance with, the 
Accomplishment Instructions of Boeing Alert Requirements Bulletin 
767-53A0278 RB, dated June 30, 2017.
    Note 1 to paragraph (g) of this AD: Guidance for accomplishing 
the actions required by this AD can be found in Boeing Alert Service 
Bulletin 767-53A0278, dated June 30, 2017, which is referred to in 
Boeing Alert Requirements Bulletin 767-53A0278 RB, dated June 30, 
2017.

(h) Exceptions to Service Information Specifications

    (1) For purposes of determining compliance with the requirements 
of this AD: Where Boeing Alert Requirements Bulletin 767-53A0278 RB, 
dated June 30, 2017, uses the phrase ``the original issue date of 
Requirements Bulletin 767-53A0278 RB,'' this AD requires using ``the 
effective date of this AD.''
    (2) Where Boeing Alert Requirements Bulletin 767-53A0278 RB, 
dated June 30, 2017, specifies contacting Boeing, this AD requires 
repair using a method approved in accordance with the procedures 
specified in paragraph (i) of this AD.
    (3) For airplanes identified as Group 1, Configuration 1, in 
Boeing Alert Requirements Bulletin 767-53A0278 RB, dated June 30, 
2017, that have been modified to a freighter configuration: The 
actions specified in Boeing Alert Requirements Bulletin 767-53A0278 
RB, dated June 30, 2017, for Group 1, Configuration 2, must be done 
instead of the actions for Group 1, Configuration 1, except as 
required by paragraph (h)(2) of this AD.
    (4) For airplanes identified as Group 2, Configuration 1, in 
Boeing Alert Requirements Bulletin 767-53A0278 RB, dated June 30, 
2017, that have been modified to a freighter configuration: The 
actions specified in Boeing Alert Requirements Bulletin 767-53A0278 
RB, dated June 30, 2017, for Group 2, Configuration 2, must be done 
instead of the actions for Group 2, Configuration 1, except as 
required by paragraph (h)(2) of this AD.

(i) 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 (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, 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.

(j) Related Information

    For more information about this AD, contact Wayne Lockett, 
Aerospace Engineer, Airframe Section, FAA, Seattle ACO Branch, 2200 
S. 216th St., Des Moines, WA 98198; phone and fax: 206-231-3524; 
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 Requirements Bulletin 767-53A0278 RB, dated 
June 30, 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. 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 May 18, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-11427 Filed 6-4-18; 8:45 am]
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