[Federal Register Volume 87, Number 106 (Thursday, June 2, 2022)]
[Rules and Regulations]
[Pages 33435-33438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11806]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0844; Project Identifier AD-2021-00689-T; 
Amendment 39-22028; AD 2022-09-08]
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 787-8, 787-9, and 787-10 airplanes. 
This AD was prompted by reports of a missing shim at a joint common to 
the main torque box (MTB) skin panel and rear spar root fitting. This 
AD requires inspecting the MTB skin panel and rear spar root fitting 
for cracking and delamination, and applicable on-condition actions. The 
FAA is issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective July 7, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 7, 
2022.

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 referenced service information 
at the FAA, Airworthiness Products Section, Operational Safety 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 at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2021-0844.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0844; 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, 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: Joseph Hodgin, Aerospace Engineer, 
Airframe Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des 
Moines, WA 98198; phone and fax: 206-231-3962; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    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 787-8, 787-9, and 787-10 airplanes. The NPRM published in 
the Federal Register on October 28, 2021 (86 FR 59665). The NPRM was

[[Page 33436]]

prompted by reports of a missing shim at a joint common to the MTB skin 
panel and rear spar root fitting. In the NPRM, the FAA proposed to 
require inspecting the MTB skin panel and rear spar root fitting for 
cracking and delamination, and applicable on-condition actions. The FAA 
is issuing this AD to address the omission of a shim between the MTB 
skin panel and rear spar flange at the attachment to the root fitting. 
This condition, if not addressed, could result in a reduction in 
fatigue performance of the MTB skin panel and rear spar root fittings, 
which could affect the structural integrity of the airplane.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from Air Line Pilots Association, 
International (ALPA), Boeing, an individual, and United Airlines, who 
supported the NPRM without change.
    The FAA received additional comments from Avianca Airlines. The 
following presents the comments received on the NPRM and the FAA's 
response to each comment.

Request To Substitute Approval Form for Alternative Method of 
Compliance (AMOC) Letter

    Avianca Airlines (AVA) proposed that paragraph (h) of the proposed 
AD be revised to require an 8100-9 approval form, rather than an AMOC, 
for a repair after contacting Boeing. AVA stated that the time delay 
required to obtain an AMOC letter affects the operational return to 
service of the affected aircraft and that an 8100-9 form is already an 
approved document that certifies compliance with airworthiness 
standards.
    The FAA does not agree with this request. An FAA Form 8100-9, which 
is both a repair data approval and AMOC approval, may be issued by the 
Boeing Company Organization Designation Authorization (ODA), provided 
it has been authorized by the Manager, Seattle ACO Branch, FAA, as 
required by paragraph (i)(3) of this AD. If the ODA does not have 
authorization from the Manager, Seattle ACO Branch, FAA, then a 
separate AMOC approval is required. This AD has not been changed with 
regard to this request.

Request To Allow Later Approved Revisions of the Service Bulletin

    AVA requested that the proposed AD be revised to allow later 
approved revisions of Boeing Alert Requirements Bulletin B787-81205-
SB550011-00 RB, Issue 001, dated May 18, 2021, to be used for 
compliance with the proposed AD.
    The FAA does not agree with the request to allow later approved 
revisions. The FAA may not refer to any document that does not yet 
exist in an AD. In general terms, the FAA is required by Office of the 
Federal Register (OFR) regulations for approval of materials 
incorporated by reference, as specified in 1 CFR 51.1(f), to either 
publish the service document contents as part of the actual AD 
language; or submit the service document to the OFR for approval as 
referenced material, in which case the FAA may only refer to such 
material in the text of an AD. The AD may refer to the service document 
only if the OFR approved it for incorporation by reference. See 1 CFR 
part 51.
    To allow operators to use later revisions of the referenced 
document (issued after publication of the AD), either the FAA must 
revise the AD to reference specific later revisions, or operators must 
request approval to use later revisions as an alternative method of 
compliance with this AD under the provisions of paragraph (i) of this 
AD.

Conclusion

    The FAA reviewed the relevant data, considered any comments 
received, and determined that air safety requires adopting this AD as 
proposed. Except for minor editorial changes, this AD is adopted as 
proposed in the NPRM. None of the changes will increase the economic 
burden on any operator.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Requirements Bulletin B787-81205-
SB550011-00 RB, Issue 001, dated May 18, 2021. This service information 
specifies procedures for an ultrasonic test for cracking and 
delamination of the skin panel, an open hole high frequency eddy 
current (HFEC) inspection for cracking of the rear spar root fitting at 
the fastener holes common to the MTB skin panel and rear spar root 
fitting interface, and a surface HFEC inspection for cracking of 
visible rear spar root fitting surface areas, and applicable on-
condition actions. On-condition actions include measurement of the gap 
between the MTB skin panel and the rear spar flange, installation of a 
new shim between the MTB skin panel and the rear spar flange, and 
installation of new fasteners in the MTB skin panel and the rear spar 
flange. 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 ADDRESSES.

Costs of Compliance

    The FAA estimates that this AD affects 91 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspections...........................  14 work-hours x $85 per               $0          $1,190        $108,290
                                         hour = $1,190.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary 
measurements and installations that would be required based on the 
results of the inspection. The agency has no way of determining the 
number of aircraft that might need these actions:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Gap measurement...............................  1 work-hour x $85 per hour = $85              $0             $85
Installation..................................  10 work-hours x $85 per hour =            11,330          12,180
                                                 $850.
----------------------------------------------------------------------------------------------------------------


[[Page 33437]]

    The FAA has received no definitive data on which to base the cost 
estimates for the repairs specified in this AD.
    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some or all of the costs of 
this AD may be covered under warranty, thereby reducing the cost impact 
on affected operators.

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.

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) 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 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:

2022-09-08 The Boeing Company: Amendment 39-22028; Docket No. FAA-
2021-0844; Project Identifier AD-2021-00689-T.

(a) Effective Date

    This airworthiness directive (AD) is effective July 7, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 787-8, 787-9, and 
787-10 airplanes, certificated in any category, as specified in 
Boeing Alert Requirements Bulletin B787-81205-SB550011-00 RB, Issue 
001, dated May 18, 2021.

(d) Subject

    Air Transport Association (ATA) of America Code 55, Stabilizers.

(e) Unsafe Condition

    This AD was prompted by reports of a missing shim at a joint 
common to the main torque box (MTB) skin panel and rear spar root 
fitting. The FAA is issuing this AD to address the omission of a 
shim between the MTB skin panel and rear spar flange at the 
attachment to the root fitting. This condition, if not addressed, 
could result in a reduction in fatigue performance of the MTB skin 
panel and rear spar root fittings, which could 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 B787-81205-SB550011-00 RB, Issue 001, 
dated May 18, 2021, do all applicable actions identified in, and in 
accordance with, the Accomplishment Instructions of Boeing Alert 
Requirements Bulletin B787-81205-SB550011-00 RB, Issue 001, dated 
May 18, 2021.
    Note 1 to paragraph (g): Guidance for accomplishing the actions 
required by this AD can be found in Boeing Alert Service Bulletin 
B787-81205-SB550011-00, Issue 001, dated May 18, 2021, which is 
referred to in Boeing Alert Requirements Bulletin B787-81205-
SB550011-00 RB, Issue 001, dated May 18, 2021.

(h) Exceptions to Service Information Specifications

    Where Boeing Alert Requirements Bulletin B787-81205-SB550011-00 
RB, Issue 001, dated May 18, 2021, 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 responsible Flight Standards 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 responsible Flight Standards 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 Joseph Hodgin, 
Aerospace Engineer, Airframe Section, FAA, Seattle ACO Branch, 2200 
South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3962; 
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 B787-81205-SB550011-00 
RB, Issue 001, dated May 18, 2021.
    (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, 
Airworthiness Products Section, Operational Safety Branch, 2200 
South 216th St., Des Moines, WA. For information on the availability 
of this material at the FAA, call 206-231-3195.

[[Page 33438]]

    (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 protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on April 15, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-11806 Filed 6-1-22; 8:45 am]
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