[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
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Cost on U.S.
Action Labor cost Parts cost Cost per product operators
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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.
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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]
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