[Federal Register Volume 83, Number 172 (Wednesday, September 5, 2018)]
[Rules and Regulations]
[Pages 45037-45040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18995]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0163; Product Identifier 2017-NM-168-AD; Amendment 
39-19386; AD 2018-18-07]
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 airplanes. This AD was prompted by an 
evaluation by the design approval holder (DAH) indicating that the 
longitudinal lap splices of the fuselage skin are subject to widespread 
fatigue damage (WFD). This AD requires repetitive inspections of the 
longitudinal lap splices of the fuselage skin for cracking and 
protruding fasteners, and applicable corrective actions. We are issuing 
this AD to address the unsafe condition on these products.

DATES: This AD is effective October 10, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 10, 
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. 
For information on the availability of this material at the FAA, call 
206-231-3195.

[[Page 45038]]

It is also available on the internet at http://www.regulations.gov by 
searching for and locating Docket No. FAA-2018-0163.

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-2018-
0163; 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: David Truong, Aerospace Engineer, 
Airframe Section, Los Angeles ACO Branch, FAA, 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 certain The Boeing Company 
Model 757 airplanes. The NPRM published in the Federal Register on 
March 2, 2018 (83 FR 8951). The NPRM was prompted by an evaluation by 
the DAH indicating that the longitudinal lap splices of the fuselage 
skin are subject to WFD. The NPRM proposed to require repetitive 
inspections of the longitudinal lap splices of the fuselage skin for 
cracking and protruding fasteners, and applicable corrective actions. 
We are issuing this AD to address fatigue cracking of the longitudinal 
lap splices of the fuselage skin, 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. United Airlines concurs 
with the actions in the NPRM.

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 agree 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 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 for Exception for Inspections of Existing FAA-Approved Repairs

    Delta Air Lines (Delta) asked that we add an exception to allow 
existing FAA-approved repairs to be exempt from inspections. Delta 
stated that the note in Boeing Alert Service Bulletin 757-53A0104, 
dated November 6, 2017, only specifies certain Boeing Commercial 
Airplanes Organization Designation Authorization (ODA) approved repairs 
are exempt from inspections. Delta stated that limiting approval of 
this exception to the Boeing ODA only would mean that operators would 
have to request an alternative method of compliance to apply this 
inspection exception to any other FAA-approved repairs covering an 
affected inspection area.
    We agree with the commenter's request to allow existing FAA-
approved repairs to be exempt from inspections, for the reasons 
provided. We have added paragraph (h)(3) of this AD, under ``Exceptions 
to Service Information Specifications,'' to include that exception.

Request To Include a Repair Method for Crack Findings

    Boeing asked that a statement be included in the proposed AD to 
specifically require repair of crack findings during inspections using 
a method approved in accordance with the procedures in paragraph (i) of 
the proposed AD. Boeing noted that this statement is provided in AD 
2016-15-04, Amendment 39-18595 (81 FR 49873, July 29, 2016), which 
includes lap splice widespread fatigue damage inspection requirements. 
Boeing added that this statement will make it clear and consistent with 
the intent of the repair instructions specified in the referenced 
service information.
    We acknowledge the commenter's request. However, the requirement to 
repair cracks found during any inspections required by this AD is 
implicit in the requirements of paragraph (h)(2) of this AD. Unlike the 
previous AD referenced by Boeing, this AD uses high-level language and 
requires accomplishment of the RC (required for compliance) steps in 
the service information, which include the inspection and repair 
actions. Boeing Alert Service Bulletin 757-53A0104, dated November 6, 
2017, specifies to contact Boeing for repair instructions, as well as 
to contact Boeing for crack repair instructions or alternate inspection 
instructions, depending on the condition found. Paragraph (h)(2) of 
this AD requires operators to use a method approved in accordance with 
the procedures in paragraph (i) of this AD when the service information 
specifies to contact Boeing. Therefore, there is no need to include an 
additional statement to specifically require repair of crack findings 
during inspections using a method approved in accordance with the 
procedures in paragraph (i) of this AD. For clarity, we have revised 
the language in paragraph (h)(2) of this AD to match the language for 
the conditions specified in Boeing Alert Service Bulletin 757-53A0104, 
dated November 6, 2017.

Request To Change or Omit Certain Inspections

    VT Mobile Aerospace Engineering (MAE), Inc., (VT MAE) and FedEx 
Express (FedEx) asked that we omit or change certain lap splice 
inspection areas. FedEx stated that its fleet of Model 757-200 
airplanes was converted to a configuration similar to that of Model 
757-200 special freighter airplanes, in accordance with the VT MAE 
STCs. VT MAE stated that Boeing Alert Service Bulletin 757-53A0104, 
dated November 6, 2017, identifies the FedEx Model 757-200 fleet as 
Groups 1, 3, and 4 airplanes, and certain lap splice inspection areas 
defined for those groups have been modified in accordance with the 
STCs. VT MAE added that the proposed inspections do not apply to those 
airplanes, or have reduced repetitive inspection intervals from those 
specified in Boeing Alert Service Bulletin 757-53A0104, dated November 
6, 2017.
    We acknowledge the commenter's requests. However, we do not 
consider it appropriate to include various provisions in an AD 
applicable only to individual airplane configurations or to a single 
operator's unique use of an affected airplane. Under the provisions of 
paragraph (i) of this AD, we will consider requests for approval of 
AMOCs for the inspection areas and repetitive inspection intervals if 
sufficient data are submitted to substantiate that the AMOC would 
provide an acceptable level of safety.

[[Page 45039]]

We have not changed this AD in this regard.

Request To Include Repair Guidelines and Inspection Procedures

    Delta stated that while Boeing may not be able to include repair 
instructions for fuselage skin cracking at the longitudinal lap joints 
in all areas, repair guidelines should be included in Boeing Alert 
Service Bulletin 757-53A0104, dated November 6, 2017, so that operators 
can start damage containment and initial repair actions until specific 
repair instructions are received from Boeing.
    We acknowledge the commenter's concern. However, the referenced 
service information does refer to certain sections in the 757 
Nondestructive Test (NDT) Manual to provide guidance for fuselage skin 
cracking conditions. Although operators may refer to the NDT for 
guidance, the repair must be done using a method approved in accordance 
with the procedures specified in paragraph (i) of this AD, as specified 
in paragraph (h)(2) of this AD. Also, waiting for Boeing to change the 
service information to include additional repair guidelines would delay 
the release of the AD, and the unsafe condition would not be addressed 
in a timely manner. Therefore, we have not changed this AD in this 
regard.
    Delta also asked that alternative inspection procedures for 
protruding head fasteners be included in the Accomplishment 
Instructions of Boeing Alert Service Bulletin 757-53A0104, dated 
November 6, 2017, so that an AMOC request is not necessary.
    We do not agree with the commenter's request that Boeing revise the 
service information to include alternative inspection procedures for 
protruding head fasteners. Waiting for Boeing to change the service 
information to include alternative inspection procedures would delay 
the release of the AD, and the unsafe condition would not be addressed 
in a timely manner. 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 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 Service Bulletin 757-53A0104, dated 
November 6, 2017. The service information describes procedures for 
visual and eddy current inspections of the longitudinal lap splices of 
the fuselage skin for cracking and protruding head fasteners. 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 509 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspections......................  367 work-hours x                 $0  $31,195 per          $15,878,255 per
                                    $85 per hour =                       inspection cycle.    inspection cycle.
                                    $31,195 per
                                    inspection cycle.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that will 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:

[[Page 45040]]

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):

2018-18-07 The Boeing Company: Amendment 39-19386; Docket No. FAA-
2018-0163; Product Identifier 2017-NM-168-AD.

(a) Effective Date

    This AD is effective October 10, 2018.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to The Boeing Company Model 757-200, -200PF, 
-200CB, and -300 series airplanes, certificated in any category, as 
identified in Boeing Alert Service Bulletin 757-53A0104, dated 
November 6, 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 an evaluation by the design approval 
holder indicating that the longitudinal lap splices of the fuselage 
skin are subject to widespread fatigue damage. We are issuing this 
AD to address fatigue cracking of the longitudinal lap splices of 
the fuselage skin, 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) Required Actions

    Except as specified in paragraph (h) of this AD: At the 
applicable times specified in paragraph 1.E., ``Compliance,'' of 
Boeing Alert Service Bulletin 757-53A0104, dated November 6, 2017, 
do all applicable actions identified as ``RC'' (required for 
compliance) in, and in accordance with, the Accomplishment 
Instructions of Boeing Alert Service Bulletin 757-53A0104, dated 
November 6, 2017.

(h) Exceptions to Service Information Specifications

    (1) For purposes of determining compliance with the requirements 
of this AD, where Boeing Alert Service Bulletin 757-53A0104, dated 
November 6, 2017, uses the phrase ``the original issue date of this 
service bulletin,'' this AD requires using ``the effective date of 
this AD.''
    (2) Where Boeing Alert Service Bulletin 757-53A0104, dated 
November 6, 2017, specifies contacting Boeing for repair 
instructions, or contacting Boeing for crack repair instructions or 
alternate inspection instructions, and specifies that action as RC: 
This AD requires doing the repair, or the alternate inspection and 
applicable corrective actions, using a method approved in accordance 
with the procedures specified in paragraph (i) of this AD.
    (3) Inspections performed in accordance with Boeing Alert 
Service Bulletin 757-53A0104, dated November 6, 2017, are not 
necessary in areas where existing FAA-approved repairs cover the 
affected inspection areas; provided the outermost repair doubler 
extends a minimum of three rows of fasteners above and below the 
original group of lap splice fasteners subject to the inspection. 
Damage tolerance inspections specified for existing repairs must 
continue. Inspections outside of the repaired boundaries are still 
required as specified in Boeing Alert Service Bulletin 757-53A0104, 
dated November 6, 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 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, Los Angeles ACO Branch, FAA, 
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 757-53A0104, dated November 6, 
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 August 16, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-18995 Filed 9-4-18; 8:45 am]
 BILLING CODE 4910-13-P