[Federal Register Volume 85, Number 3 (Monday, January 6, 2020)]
[Rules and Regulations]
[Pages 433-436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28465]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0603; Product Identifier 2019-NM-087-AD; Amendment 
39-21013; AD 2019-25-14]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain The Boeing Company Model 777-300ER and 777F series airplanes. 
This AD was prompted by an evaluation by the design approval holder 
(DAH) indicating that the fuselage stringers, stringer splices, and 
skin splice straps are subject to widespread fatigue damage (WFD). This 
AD requires repetitive detailed inspections of certain stringer splices 
and skin splice straps for any cracks, repetitive high frequency eddy 
current (HFEC) inspections of certain stringers and stringer splices 
for any cracks, and applicable on-condition actions. The FAA is issuing 
this AD to address the unsafe condition on these products.

DATES: This AD is effective February 10, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of February 10, 
2020.

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 https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0603.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0603; 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 is 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: Eric Lin, Aerospace Engineer, Airframe 
Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 
98198; phone and fax: 206-231-3523; email: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA 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 777-300ER and 777F series airplanes. The NPRM published 
in the Federal Register on August 8, 2019 (84 FR 38889). The NPRM was 
prompted by an evaluation by the DAH indicating that the fuselage 
stringers, stringer splices, and skin splice straps are subject to WFD. 
The NPRM proposed to require repetitive detailed inspections of certain 
stringer splices and skin splice straps for any cracks, repetitive HFEC 
inspections of certain stringers and stringer splices for any cracks, 
and applicable on-condition actions.

Comments

    The FAA 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.

Support for the NPRM

    United Airlines concurred with the NPRM.

Request To Use an Approved Document for the Inspections

    FedEx requested that either the service information or the proposed 
AD be revised to include a repair approved via FAA Form 8110-3 as a 
repair that would not require a repeat inspection of the affected 
inspection zone. FedEx noted that Note (a) 2. in Tables 1 through 12 in 
paragraph 3., Compliance, of Boeing Alert Requirements Bulletin 777-
53A0091 RB, dated April 8, 2019, states that ``It is not required to do 
repeat inspections in areas where a repair covers the affected 
inspection zone provided . . . the installed repair was approved by the 
Boeing Organizational Designation Authorization via a FAA Form 8100-
9.'' FedEx did not provide further justification for this request.
    The FAA does not agree with the request. Note (a) 2. of Boeing 
Alert Requirements Bulletin 777-53A0091 RB, dated April 8, 2019, 
addresses repairs that are designed as corrective actions to address 
the unsafe condition, which include a follow-on inspection program. The 
FAA allows FAA Form 8100-9 for approved repairs that meet the specified 
criteria, because it is used by the Boeing Organization Designation 
Authorization (ODA). The ODA staff are familiar with the unsafe 
condition addressed by this proposed AD and are able to develop a 
repair and repetitive inspection program that adequately addresses the 
unsafe condition. FAA Form 8110-3 is for use by a consultant/company 
designated engineering representative (DER), who may not have the same 
data or knowledge of the unsafe condition as the Boeing ODA. For this 
reason, the FAA does not allow approvals granted via an FAA Form 8110-3 
under the provisions of note (a) 2. of Boeing Alert Requirements 
Bulletin 777-53A0091 RB, dated April 8, 2019. However, operators may 
utilize DERs with the appropriate authorizations to repair their 
airplanes and request an

[[Page 434]]

alternative method of compliance (AMOC) for the repair in accordance 
with paragraph (i) of this AD. The AD has not been changed in this 
regard.

Request To Add Service Information Exception

    FedEx requested an additional exception in paragraph (h) of the 
proposed AD to be included to state that the notes in paragraph 5.A, 
General Information, of Boeing Alert Requirements Bulletin 777-53A0091 
RB, dated April 8, 2019, are not mandated by the proposed AD. FedEx 
pointed out that the notes are only general information and should not 
be subject to the requirements of the proposed AD. FedEx went on to 
argue that other operators and maintenance, repair, and overhaul (MRO) 
services have acceptable maintenance practices that are approved in 
accordance with 14 CFR 121 and 14 CFR 145. FedEx suggested that, if a 
note is to be mandated by the proposed AD, then the note should be 
listed within paragraph (g) of the proposed AD.
    The FAA agrees to clarify. Accomplishing the actions specified in 
the Accomplishment Instructions of Boeing Alert Requirements Bulletin 
777-53A0091 RB, dated April 8, 2019, is required in its entirety for 
compliance with the AD. The notes in paragraph 5.A, General 
Information, of Boeing Alert Requirements Bulletin 777-53A0091 RB, 
dated April 8, 2019, are provisions to define or explain the different 
aspects of the requirements and service information, including 
inspection types, dimensions and tolerances, and other information. 
These notes are relieving. If these notes were not included in Boeing 
Alert Requirements Bulletin 777-53A0091 RB, dated April 8, 2019, 
operators would have to seek AMOCs for items like approved fastener 
substitutions and tolerances for different dimensions or torque values. 
By including the notes, the FAA does not anticipate operators needing 
AMOCs for items covered by the notes. Operators or MRO services may 
apply for an AMOC in accordance with paragraph (i) of this AD if they 
are concerned about a specific note or have an alternative maintenance 
practice they would like to use. The AD has not been changed in this 
regard.

Request To Include Inspection for Existing Repairs

    FedEx requested that either the service information or the proposed 
AD be revised to include an inspection for existing repairs. FedEx 
reasoned that other related ADs include inspections or corrective 
actions for existing repairs.
    The FAA does not agree with the request. In general, service 
information and ADs only include instructions to inspect for existing 
repairs when it has been determined that there are numerous existing 
repairs in the affected area that could impede an operator's ability to 
do the required actions in a new AD. In this case, the FAA has 
determined that there are few, if any, such existing repairs, so an 
inspection for existing repairs is not necessary. Operators with an 
existing repair in the affected area can apply for an AMOC in 
accordance with paragraph (i) of this AD. The AD has not been changed 
in this regard.

Request To Revise a Certain Note to This AD

    FedEx requested that Note 1 to paragraph (g) of the proposed AD be 
removed or revised to refer back to Boeing Alert Requirements Bulletin 
777-53A0091 RB, dated April 8, 2019, rather than Boeing Alert Service 
Bulletin 777-53A0091, dated April 8, 2019. FedEx argued that including 
the note in the regulatory text of the proposed AD, means that Boeing 
Alert Service Bulletin 777-53A0091, dated April 8, 2019, is also 
mandated to accomplish the requirements of the proposed AD. FedEx 
contended that it does not believe both a service bulletin and a 
requirements bulletin are required to satisfy the requirements of an 
AD. FedEx went on to assert that in past ADs, only one of either type 
of service information was necessary. FedEx suggested that, if the FAA 
must reference Boeing Alert Service Bulletin 777-53A0091, dated April 
8, 2019, for accomplishing the proposed AD, then the proposed AD should 
only require Boeing Alert Service Bulletin 777-53A0091, dated April 8, 
2019.
    The FAA agrees to clarify. Paragraph (g) of this AD requires 
operators to comply with only the actions identified in the 
Accomplishment Instructions of Boeing Alert Requirements Bulletin 777-
53A0091 RB, dated April 8, 2019. Note 1 to paragraph (g) of this AD 
does not mandate Boeing Alert Service Bulletin 777-53A0091, dated April 
8, 2019. Instead, Note 1 to paragraph (g) of this AD notifies operators 
that Boeing Alert Service Bulletin 777-53A0091, dated April 8, 2019, 
provides additional guidance that may be helpful in complying with the 
requirements of this AD. This language is consistent with the language 
used in other ADs that refer to Boeing Requirement Bulletins. The AD 
has not been changed in this regard.

Request To Remove Open and Close Access Steps

    FedEx requested that the open and close access steps from Boeing 
Alert Requirements Bulletin 777-53A0091 RB, dated April 8, 2019, be 
removed from the AD. FedEx noted that Tables 1 through 12 in paragraph 
5.B.1., Requirements, of Boeing Alert Requirements Bulletin 777-53A0091 
RB, dated April 8, 2019, include actions for open and close access. 
FedEx contended that, because these actions are included within Boeing 
Alert Requirements Bulletin 777-53A0091 RB, dated April 8, 2019, they 
are actions that are required by the proposed AD. FedEx pointed to Note 
1 in paragraph 5.A, General Information, of Boeing Alert Requirements 
Bulletin 777-53A0091 RB, dated April 8, 2019, which explains ``enhanced 
required for compliance'' documents, as further supporting their 
position that actions for open and close access are required to be 
accomplished. FedEx reasoned that the justification for using 
requirements bulletins was to eliminate the need for AMOCs for actions 
such as access and general maintenance practices. FedEx suggested that, 
should the FAA not remove the open and close access requirements from 
Boeing Alert Requirements Bulletin 777-53A0091 RB, dated April 8, 2019, 
then Boeing should return to writing only service bulletins with marked 
``RC'' steps.
    The FAA agrees to clarify. The open and close access steps are not 
identified in the ``Action'' column in the tables in the Accomplishment 
Instructions of Boeing Alert Requirements Bulletin 777-53A0091 RB, 
dated April 8, 2019, and therefore are not required by this AD. The 
open and close access steps in the ``Refer to'' column in the tables in 
the Accomplishment Instructions of the Boeing Alert Requirements 
Bulletin 777-53A0091 RB, dated April 8, 2019, are only there to specify 
one method for open and close access if needed. Operators may use 
accepted methods for open and close access in accordance with the 
operator's maintenance or inspection program without obtaining approval 
of an AMOC. The AD has not been changed in this regard.

Request To Address Service Information Error

    FedEx pointed out that Boeing Alert Service Bulletin 777-53A0091, 
dated April 8, 2019, references the incorrect Boeing aircraft 
maintenance manual (AMM) chapter. FedEx stated that the open and close 
access steps of Boeing Alert Service Bulletin 777-53A0091, dated April 
8, 2019, should reference

[[Page 435]]

Boeing 777 AMM 25-80-00 instead of Boeing 777 AMM 25-59-02, for 
removing main deck cargo compartment insulation blankets. FedEx added 
that it assumes the open and close access steps are required for 
compliance with the proposed AD, so this change would avoid the need 
for FedEx to obtain an AMOC.
    The FAA agrees to clarify. The FAA concurs that the AMM reference 
in Boeing Alert Service Bulletin 777-53A0091, dated April 8, 2019, is 
incorrect and that one source of information for accomplishing this 
task is Boeing 777 AMM 25-80-00. However, a revision to the service 
information is not necessary in order to comply with this AD. As stated 
previously, the open and close access steps referenced in Boeing Alert 
Service Bulletin 777-53A0091, dated April 8, 2019, are not required for 
compliance because they are not identified in the Action column of the 
tables of the Accomplishment Instructions of Boeing Alert Requirements 
Bulletin 777-53A0091 RB, dated April 8, 2019. The AD has not been 
changed in this regard.

Request To Clarify the Location of the Unsafe Condition

    Boeing pointed out that the description of the location of the 
unsafe condition is incorrect in the first sentence of the fifth 
paragraph of the Discussion section of the NPRM. Boeing explained that 
the unsafe condition was found beneath certain stringer splices and not 
beneath certain circumferential splices. Boeing requested that the 
sentence be changed to read: ``The FAA has received a report indicating 
that aluminum chips and conical burr foreign object debris (FOD), were 
found on in-production model 777-300ER and 777F airplanes in the 
interfaces beneath stringer splices at station (STA) 825+210, STA 655, 
STA 1434+189, and STA 1832.''
    The FAA agrees that the description in the NPRM is inaccurate. 
Since that section of the preamble does not reappear in the final rule, 
no change to the final rule is necessary.

Request To Correct a Typographical Error

    Boeing requested that the FAA correct a typographical error in the 
Costs of Compliance section of the NPRM. The NPRM stated that ``The FAA 
has have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in this AD.'' 
Boeing noted that the word ``have'' should be removed from the 
sentence.
    The FAA agrees with the commenter that an error was made in the 
Costs of Compliance section of the NPRM, and the error has been 
corrected accordingly.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received, and determined that air safety and the public interest 
require adopting this final rule with the change described previously 
and minor editorial changes. The FAA has 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.
    The FAA 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

    The FAA reviewed Boeing Alert Requirements Bulletin 777-53A0091 RB, 
dated April 8, 2019. The service information describes procedures for 
repetitive detailed inspections of certain stringer splices and skin 
splice straps for any cracks, repetitive HFEC inspections of certain 
stringers and stringer splices for any cracks, and applicable on-
condition actions. On-condition actions include repair.
    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

    The FAA estimates that this AD affects 12 airplanes of U.S. 
registry. The agency estimates the following costs to comply with this 
AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Detailed and HFEC Inspections....  Up to 79 work-hours              $0  Up to $6,715 per     Up to $80,580 per
                                    x $85 per hour =                     inspection cycle.    inspection cycle.
                                    Up to $6,715 per
                                    inspection cycle.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data that would enable the 
agency to provide cost estimates for the on-condition actions specified 
in this AD.
    According to the manufacturer, some or all of the costs of this AD 
may be covered under warranty, thereby reducing the cost impact on 
affected individuals. The FAA does not control warranty coverage for 
affected individuals. As a result, the agency has included all known 
costs in its 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.
    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 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

[[Page 436]]

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) 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.

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):

2019-25-14 The Boeing Company: Amendment 39-21013; Docket No. FAA-
2019-0603; Product Identifier 2019-NM-087-AD.

(a) Effective Date

    This AD is effective February 10, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 777-300ER and 777F 
series airplanes, certificated in any category, as identified in 
Boeing Alert Requirements Bulletin 777-53A0091 RB, dated April 8, 
2019.

(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 (DAH) indicating that the fuselage stringers, stringer 
splices, and skin splice straps are subject to widespread fatigue 
damage (WFD). The FAA is issuing this AD to address undetected 
fatigue cracks, which 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 specified by paragraph (h) of this AD: At the 
applicable times specified in the ``Compliance'' paragraph of Boeing 
Alert Requirements Bulletin 777-53A0091 RB, dated April 8, 2019, do 
all applicable actions identified in, and in accordance with, the 
Accomplishment Instructions of Boeing Alert Requirements Bulletin 
777-53A0091 RB, dated April 8, 2019.

    Note 1 to paragraph (g): Guidance for accomplishing the actions 
required by this AD can be found in Boeing Alert Service Bulletin 
777-53A0091, dated April 8, 2019, which is referred to in Boeing 
Alert Requirements Bulletin 777-53A0091 RB, dated April 8, 2019.

(h) Exceptions to Service Information Specifications

    (1) Where Boeing Alert Requirements Bulletin 777-53A0091 RB, 
dated April 8, 2019, uses the phrase ``the original issue date of 
Requirements Bulletin 777-53A0091 RB'' or ``the original issue date 
of this service bulletin,'' this AD requires using ``the effective 
date of this AD,'' except where Boeing Alert Requirements Bulletin 
777-53A0091 RB, dated April 8, 2019, uses the phrase ``the original 
issue date of this service bulletin'' in a note or flag note.
    (2) Where Boeing Alert Requirements Bulletin 777-53A0091 RB, 
dated April 8, 2019, specifies contacting Boeing for repair 
instructions: This AD requires doing the repair before further 
flight using a method approved in accordance with the procedures 
specified in paragraph (i) 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 Company Organization Designation 
Authorization (ODA) that has been authorized by the Manager, Seattle 
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.

(j) Related Information

    For more information about this AD, contact Eric Lin, Aerospace 
Engineer, Airframe Section, FAA, Seattle ACO Branch, 2200 South 
216th St., Des Moines, WA 98198; phone and fax: 206-231-3523; 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 777-53A0091 RB, dated 
April 8, 2019.
    (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, email [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on December 17, 2019.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2019-28465 Filed 1-3-20; 8:45 am]
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