[Federal Register Volume 84, Number 143 (Thursday, July 25, 2019)]
[Proposed Rules]
[Pages 35840-35842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15582]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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  Federal Register / Vol. 84, No. 143 / Thursday, July 25, 2019 / 
Proposed Rules  

[[Page 35840]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0525; Product Identifier 2019-NM-076-AD]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2006-11-11, which applies to all The Boeing Company Model 757 
airplanes. AD 2006-11-11 requires incorporating a new revision to the 
Airworthiness Limitations section of the Instructions of Continued 
Airworthiness to mandate certain repetitive inspections for fatigue 
cracking of principal structural elements (PSEs). Since AD 2006-11-11 
was issued, the FAA has determined that new or more restrictive 
airworthiness limitations are necessary. This proposed AD would require 
revising the existing maintenance or inspection program, as applicable, 
to incorporate new or more restrictive airworthiness limitations. The 
FAA is proposing this AD to address the unsafe condition on these 
products.

DATES: The FAA must receive comments on this proposed AD by September 
9, 2019.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Boeing 
Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 
2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; phone: 
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-2019-0525.

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-2019-
0525; 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 NPRM, the regulatory evaluation, any comments received, and other 
information. The street address for Docket Operations is listed above. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Chandraduth Ramdoss, Aerospace 
Engineer, Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount 
Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5239; fax: 562-627-
5210; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2019-0525; 
Product Identifier 2019-NM-076-AD'' at the beginning of your comments. 
The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this NPRM. The FAA will 
consider all comments received by the closing date and may amend this 
NPRM because of those comments.
    The FAA will post all comments received, without change, to http://www.regulations.gov, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact received about this proposed AD.

Discussion

    The FAA issued AD 2006-11-11, Amendment 39-14615 (71 FR 30278, May 
26, 2006) (``AD 2006-11-11''), for all The Boeing Company Model 757 
airplanes. AD 2006-11-11 requires incorporating a new revision to the 
Airworthiness Limitations section of the Instructions of Continued 
Airworthiness to mandate certain repetitive inspections for fatigue 
cracking of PSEs. AD 2006-11-11 resulted from a new revision to the 
Airworthiness Limitations Instructions (ALI). The FAA issued AD 2006-
11-11 to address fatigue cracking of various PSEs; such fatigue 
cracking could adversely affect the structural integrity of these 
airplanes.

Actions Since AD 2006-11-11 Was Issued

    Since AD 2006-11-11 was issued, the FAA has determined that new or 
more restrictive airworthiness limitations are necessary.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing 757 Maintenance Planning Data (MPD) 
Document, Section 9, Airworthiness Limitations (AWLs) and Certification 
Maintenance Requirements (CMRs), D622N001-9, Revision October 2018. 
This service information describes procedures for airworthiness 
limitations for structural inspections, fuel tank systems, safe life 
limits, and certification maintenance requirements.
    This proposed AD would also require the following service 
information, which the Director of the Federal Register approved for 
incorporation by reference as of June 30, 2006 (71 FR 30278, May 26, 
2006).
     Boeing 757 Maintenance Planning Data (MPD) Document, 
Section 9, ``Airworthiness Limitations and Certification Maintenance 
Requirements,'' Subsection B. of Boeing Document D622N001-9, Revision 
``May 2003.''

[[Page 35841]]

     Boeing 757 Maintenance Planning Data (MPD) Document, 
Section 9, ``Airworthiness Limitations and Certification Maintenance 
Requirements,'' Subsection B. of Boeing Document D622N001-9, Revision 
``June 2005.''
    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.

FAA's Determination

    The FAA is proposing this AD because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would retain all requirements of AD 2006-11-11. 
This proposed AD would require revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations, which would then terminate all 
of the retained requirements of AD 2006-11-11.
    This proposed AD would require revisions to certain operator 
maintenance or inspection documents, as applicable, to include new 
actions (e.g., inspections) and Critical Design Configuration Control 
Limitations (CDCCLs). Compliance with these actions and CDCCLs is 
required by 14 CFR 91.403(c). For airplanes that have been previously 
modified, altered, or repaired in the areas addressed by this proposed 
AD, the operator may not be able to accomplish the actions described in 
the revisions. In this situation, to comply with 14 CFR 91.403(c), the 
operator must request approval for an alternative method of compliance 
according to paragraph (l) of this proposed AD.

Costs of Compliance

    The FAA estimates that this proposed AD affects 561 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD.
    The retained and new actions specified in this proposed AD have the 
same cost for revising the existing maintenance or inspection program. 
The FAA has determined that revising the existing maintenance or 
inspection program takes an average of 90 work-hours per operator, 
although the agency recognizes that this number may vary from operator 
to operator. In the past, the FAA has estimated that this action takes 
1 work-hour per airplane. Since operators incorporate maintenance or 
inspection program changes for their affected fleet(s), the FAA has 
determined that a per-operator estimate is more accurate than a per-
airplane estimate. Therefore, the FAA estimates the total cost per 
operator to be $7,650 (90 work-hours x $85 per work-hour).

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.
    The FAA is 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 proposed 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

    The FAA has determined that this proposed AD would not have 
federalism implications under Executive Order 13132. This proposed AD 
would 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 the proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) 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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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) 
2006-11-11, Amendment 39-14615 (71 FR 30278, May 26, 2006), and adding 
the following new AD:

The Boeing Company: Docket No. FAA-2019-0525; Product Identifier 
2019-NM-076-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by September 9, 
2019.

(b) Affected ADs

    This AD replaces AD 2006-11-11, Amendment 39-14615 (71 FR 30278, 
May 26, 2006) (``AD 2006-11-11'').

(c) Applicability

    This AD applies to all The Boeing Company Model 757-200, -200PF, 
-200CB, and -300 series airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel; 53, 
Fuselage; 57, Wings.

(e) Unsafe Condition

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
issuing this AD to address fatigue cracking of various principal 
structural elements (PSEs); such fatigue cracking could adversely 
affect the structural integrity of these airplanes.

(f) Compliance

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

(g) Retained Revision to the Maintenance or Inspection Program, With No 
Changes

    This paragraph restates the requirements of paragraph (h) of AD 
2006-11-11 with no changes. Within 36 months after June 30, 2006 
(the effective date of AD 2006-11-11), revise Section 9, 
``Airworthiness Limitations and CMRs'' of the Boeing 757 Maintenance 
Planning Data (MPD) Document to incorporate Subsection B. of Boeing 
Document D622N001-9, Revision ``May

[[Page 35842]]

2003;'' or Revision ``June 2005,'' as applicable.

(h) Maintenance or Inspection Program Revision

    Within 18 months after the effective date of this AD, revise the 
existing maintenance or inspection program, as applicable, to 
incorporate the information specified in Boeing 757 Maintenance 
Planning Data (MPD) Document, Section 9, Airworthiness Limitations 
(AWLs) and Certification Maintenance Requirements (CMRs), D622N001-
9, Revision October 2018. The initial compliance time for doing the 
new or updated tasks is at the time specified in Boeing 757 
Maintenance Planning Data (MPD) Document, Section 9, Airworthiness 
Limitations (AWLs) and Certification Maintenance Requirements 
(CMRs), D622N001-9, Revision October 2018, or within 18 months after 
the effective date of this AD, whichever occurs later. The 
compliance time for doing the unchanged tasks is at the time 
specified in Boeing 757 Maintenance Planning Data (MPD) Document, 
Section 9, Airworthiness Limitations (AWLs) and Certification 
Maintenance Requirements (CMRs), D622N001-9, Revision October 2018.

(i) No Alternative Actions, Intervals, or Critical Design Configuration 
Control Limitations (CDCCLs) for Paragraph (g) of This AD

    Except as required by paragraph (h) of this AD: After the 
existing maintenance or inspection program has been revised as 
required by paragraph (g) of this AD, no alternative actions (e.g., 
inspections), intervals, or CDCCLs may be used unless the actions, 
intervals, and CDCCLs are approved as an alternative method of 
compliance (AMOC) in accordance with the procedures specified in 
paragraph (l) of this AD.

(j) No Alternative Actions, Intervals, or CDCCLs for Paragraph (h) of 
This AD

    After the existing maintenance or inspection program has been 
revised as required by paragraph (h) of this AD, no alternative 
actions (e.g., inspections), intervals, or CDCCLs may be used unless 
the actions, intervals, and CDCCLs are approved as an AMOC in 
accordance with the procedures specified in paragraph (l) of this 
AD.

(k) Terminating Action for Paragraph (g) of This AD

    Accomplishing the revision required by paragraph (h) of this AD 
terminates the revision required by paragraph (g) of this AD.

(l) 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 (m)(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 Company Organization Designation 
Authorization (ODA) that has been authorized by the Manager, Los 
Angeles ACO Branch, FAA, 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 2001-20-12 and AD 2006-11-
11 are approved as AMOCs for the corresponding provisions of this 
AD.

(m) Related Information

    (1) For more information about this AD, contact Chandraduth 
Ramdoss, Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO 
Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 
562-627-5239; fax: 562-627-5210; email: [email protected].
    (2) 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; phone: 562-797-1717; internet: https://www.myboeingfleet.com. 
You may view this referenced 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.

    Issued in Des Moines, Washington, on July 16, 2019.
Suzanne Masterson,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-15582 Filed 7-24-19; 8:45 am]
 BILLING CODE 4910-13-P