[Federal Register Volume 83, Number 61 (Thursday, March 29, 2018)]
[Rules and Regulations]
[Pages 13398-13401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05017]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0711; Product Identifier 2017-NM-003-AD; Amendment 
39-19227; AD 2018-06-07]
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 757-200, -200CB, and -300 series airplanes. 
This AD was prompted by a report of fatigue cracking found in a certain 
fuselage frame, which severed the inner chord and web. This AD requires 
inspecting the fuselage frame for existing repairs, repetitive 
inspections, and applicable repairs. We are issuing this AD to address 
the unsafe condition on these products.

DATES: This AD is effective May 3, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of May 3, 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; 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 http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0711.

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-2017-
0711; or in person at the Docket Management Facility 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 the Docket Office 
(phone: 800-647-5527) is Docket Management Facility, 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: Chandra 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: 

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 757-200, -200CB, and -300 series airplanes. The NPRM published in 
the Federal Register on July 27, 2017 (82 FR 34888). The NPRM was 
prompted by a report of fatigue cracking found in a certain fuselage 
frame, which severed the inner chord and web. The NPRM proposed to 
require inspecting the fuselage frame for existing repairs, repetitive 
inspections, and applicable repairs. We are issuing this AD to detect 
and correct cracking of the fuselage frame at station (STA) 1640, 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.

Support for the NPRM

    Aviation Partners Boeing concurs with the content of the NPRM.

Request To Clarify Certain Exceptions

    Boeing asked that we clarify the service information exceptions in 
paragraph (h)(2) of the proposed AD by noting that Aviation Partners 
Boeing (APB) Alert Service Bulletin AP757-53-001, Revision 1, dated 
June 21, 2017, is subject to this exception only if applicable (if 
winglets are installed on the airplane). Boeing also stated that 
paragraph (h)(2) of the proposed AD should put the required compliance 
time ``after the effective date of this AD'' in quotations to designate 
the content being substituted for the quoted service information 
compliance time statements.
    We agree with the commenter's request. We have separated the 
exceptions for the referenced service information for clarification. We 
have removed the reference to the APB Alert Service Bulletin AP757-53-
001, Revision 1, dated June 21, 2017, from paragraph (h)(2) of this AD. 
We have also added paragraph (h)(3) to this AD to specify the exception 
for the APB service bulletin. Paragraphs (h)(2) and (h)(3) of this AD 
specify exceptions to the referenced service information instructions, 
and are intended to be used to determine compliance, relative to the 
effective date of this AD instead of the issue date of the service 
information. We have also included the requested quotations in 
paragraphs (h)(2) and (h)(3) of this AD.

Request To Clarify Inspection Location

    United Airlines (UAL) asked that the actions identified in Figures 
5 and 6, Note (a), of Boeing Alert Service Bulletin 757-53A0108, dated 
November 14, 2016, be clarified. UAL stated that while Figures 5 and 6 
correctly depict the required inspection areas, the task associated 
with circle action ``2'' for each figure specifies a high frequency 
eddy current (HFEC) inspection, which cannot be done around the 
fasteners common to the inner chord strap. UAL asked that this 
discrepancy be addressed in the AD in order to avoid the need for 
approval of requests for an alternative method of compliance (AMOC).
    We agree with the commenter's request, for the reason provided. We 
have added paragraph (h)(4) to the exceptions in this AD to clarify 
that an HFEC inspection of the two fasteners located below the lower 
edge of the intercostal strap at the locations specified in Figures 5 
and 6, Note (a), of Boeing Alert Service Bulletin 757-53A0108, dated 
November 14, 2016, is not required by this AD.

Request To Clarify Compliance Timeframe

    Delta Airlines (DAL) asked that we clarify the language used in 
paragraph (h)(2) of the proposed AD. DAL stated

[[Page 13399]]

that the phrase ``after the original issue of this service bulletin'' 
should be clarified by inserting the word ``date'' after ``issue'' to 
match the compliance time specified in paragraph 1.E., ``Compliance'' 
of Boeing Alert Service Bulletin 757-53A0108, dated November 14, 2016.
    We agree with the commenter's request to include the word ``date'' 
in the phrase ``after the original issue of this service bulletin'' as 
corrected in paragraph (h)(2) of this AD, because it was inadvertently 
omitted in the proposed AD. The same language is included in paragraph 
(h)(3) of this AD.

Request To Clarify Compliance Determination

    DAL asked that a new paragraph be added to paragraph (h) of this AD 
to clarify using the phrase ``at the original issue date of this 
service bulletin'' to determine airplane configuration, and to provide 
credit for inspections done before the effective date of the AD. DAL 
added that these changes would avoid the need for operators to request 
AMOCs.
    We agree to clarify. We have revised paragraph (h)(2) of this AD 
and included similar language in paragraph (h)(3) of this AD to clarify 
that the exceptions apply to both compliance times and airplane 
configurations. In addition, paragraph (f) of this AD requires 
compliance with this AD within the compliance times specified, unless 
the actions have already been done. Therefore, paragraph (f) of this AD 
already gives credit for inspections done before the effective date of 
this AD.

Request To Clarify Airplane Groups

    FedEx Express (FedEx) and VT Mobile Aerospace Engineering (VT MAE) 
asked that we revise the proposed AD to specify the inspections, 
methods, and compliance times given in Boeing Alert Service Bulletin 
757-53A0108, dated November 14, 2016, but under a different group 
designation for the FedEx fleet of Model 757-200 airplanes. The 
commenters stated that these airplanes were converted by VT MAE 
supplemental type certificate (STC) ST03562AT to a configuration 
similar to that of Model 757-200SF airplanes (identified as Groups 2 
and 5), and that FedEx's fleet is therefore no longer configured as 
passenger airplanes. FedEx stated that Boeing Alert Service Bulletin 
757-53A0108, dated November 14, 2016, identifies the FedEx Model 757-
200 fleet as Groups 1 and 4, and that the inspection areas defined for 
these groups have been modified in accordance with the STC and are no 
longer applicable.
    We agree with the commenters' requests. The VT MAE STC modification 
to the STA 1640 frame is identical to the modification of Boeing 757-
200 special freighter airplanes; the inspections specified in Boeing 
Alert Service Bulletin 757-53A0108, dated November 14, 2016, as listed 
under different airplane groups should be used for the FedEx fleet. We 
have added paragraph (g)(3) to this AD to clarify the requirements for 
those airplanes.

Request To Add Affected AD

    Boeing asserted that AD 2006-11-11, Amendment 39-14615 (71 FR 
30278; May 26, 2006) (``AD 2006-11-11''), would affect the actions of 
the proposed AD and asked that we add that AD to paragraph (b) of this 
AD (``Affected ADs''). Boeing added that Boeing Alert Service Bulletin 
757-53A0108, dated November 14, 2016, was approved as an AMOC to AD 
2006-11-11 for the inspections of the inboard chord and inboard chord 
strap in the area around stringer 14, which is common to part of 53-60-
15 listed in Section 9 of the Maintenance Planning Data (MPD) document.
    We acknowledge the commenter's rationale for including AD 2006-11-
11 in paragraph (b) of this AD. However, paragraph (b), ``Affected 
ADs,'' is intended to include other affected ADs, but not all related 
ADs. It is primarily used to reference superseded ADs and other ADs 
that are terminated, in whole or in part, by requirements in a given 
AD. Therefore, we have made no change to this AD in this regard.

Request To Change Corrective Actions

    FedEx asked that repetitive inspections of a repair done for a 
crack finding be required only based on the original equipment 
manufacturer/STC holder/FAA requirements for that repair. FedEx also 
asked that the repetitive inspections be terminated for the portion of 
the inspection area covered by the repair.
    We do not agree with the commenter's requests. This AD requires 
repairing cracks using a method approved by the FAA or Boeing 
Organization Designation Authorization (ODA), and any relief or 
required follow-on actions will be included in those approved 
instructions. Therefore, we have made no change to 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 correcting 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 757-53A0108, dated 
November 14, 2016. This service information describes procedures for an 
inspection of the fuselage frame for existing frame repairs, repetitive 
high frequency eddy current and low frequency eddy current inspections 
for cracking in specified areas with no existing frame repair, and 
repair of any cracking.
    We also reviewed APB Alert Service Bulletin AP757-53-001, Revision 
1, dated June 21, 2017. This service information provides compliance 
times for accomplishing the procedures identified in Boeing Alert 
Service Bulletin 757-53A0108, dated November 14, 2016, for airplanes on 
which APB blended or scimitar blended winglets are installed.
    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 606 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD:

[[Page 13400]]



                                                 Estimated Costs
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                                                                              Cost per          Cost on U.S.
              Action                      Labor cost         Parts cost        product           operators
----------------------------------------------------------------------------------------------------------------
Inspection for existing frame       1 work-hour x $85 per              $0             $85  $51,510.
 repairs.                            hour = $85.
Repetitive high and low frequency   48 work-hours x $85                 0           4,080  $2,439,840 per
 inspections for Groups 1 through    per hour = $4,080                                      inspection cycle.
 3 airplanes (598 airplanes).        per inspection cycle.
Repetitive high and low frequency   26 work-hours x $85                 0           2,210  $17,680 per
 inspections for Groups 4 and 5      per hour = $2,210                                      inspection cycle.
 airplanes (8 airplanes).            per inspection cycle.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that enables us to provide cost 
estimates for the on-condition repair 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 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:

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):

2018-06-07 The Boeing Company: Amendment 39-19227; Docket No. FAA-
2017-0711; Product Identifier 2017-NM-003-AD.

(a) Effective Date

    This AD is effective May 3, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 757-200, -200CB, and 
-300 series airplanes, certificated in any category, as identified 
in Boeing Alert Service Bulletin 757-53A0108, dated November 14, 
2016.

(d) Subject

    Air Transport Association (ATA) of America Code 53; Fuselage.

(e) Unsafe Condition

    This AD was prompted by a report of fatigue cracking found in 
the fuselage frame at station (STA) 1640, which severed the inner 
chord and web. We are issuing this AD to detect and correct cracking 
of the fuselage frame at STA 1640, 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) Actions Required for Compliance

    (1) For all airplanes except those identified in paragraphs 
(g)(2) and (g)(3) of this AD: Do all applicable actions identified 
as ``RC'' (required for compliance) in, and in accordance with, the 
Accomplishment Instructions of Boeing Alert Service Bulletin 757-
53A0108, dated November 14, 2016; except as provided by paragraphs 
(h)(1) and (h)(4) of this AD. Do the actions at the applicable times 
specified in paragraph 1.E., ``Compliance,'' of Boeing Alert Service 
Bulletin 757-53A0108, dated November 14, 2016, except as provided by 
paragraph (h)(2) of this AD.
    (2) For airplanes on which Aviation Partners Boeing (APB) Alert 
Service Bulletin AP757-53-001, Revision 1, dated June 21, 2017, 
blended or scimitar blended winglets are installed in accordance 
with Supplemental Type Certificate ST01518SE: Do all applicable 
actions identified as ``RC'' (required for compliance) in, and in 
accordance with, the Accomplishment Instructions of APB Alert 
Service Bulletin AP757-53-001, Revision 1, dated June 21, 2017; and 
Boeing Alert Service Bulletin 757-53A0108, dated November 14, 2016; 
except as provided by paragraphs (h)(1) and (h)(4) of this AD. Do 
the actions at the applicable times specified in paragraph 1.E., 
``Compliance,'' of APB Alert Service Bulletin AP757-53-001, Revision 
1, dated June 21, 2017, except as provided by paragraph (h)(3) of 
this AD.
    (3) For airplanes that have been converted from passenger to 
freighter configuration in accordance with VT Mobile Aerospace 
Engineering (VT MAE) Supplemental Type Certificate ST03562AT: Do all 
applicable actions identified as ``RC'' in, and in accordance with, 
the Accomplishment Instructions of Boeing Alert Service Bulletin 
757-53A0108, dated November 14, 2016; except as provided by 
paragraphs (h)(1) and (h)(4) of this AD. Do the actions at the

[[Page 13401]]

applicable times specified in paragraph 1.E., ``Compliance,'' of 
Boeing Alert Service Bulletin 757-53A0108, dated November 14, 2016, 
except as provided by paragraph (h)(2) of this AD. Where Boeing 
Alert Service Bulletin 757-53A0108, dated November 14, 2016, refers 
to Group 1 airplanes, the tasks identified under Group 2 airplanes 
must be done instead; where Boeing Alert Service Bulletin 757-
53A0108, dated November 14, 2016, refers to Group 4 airplanes, the 
tasks identified under Group 5 airplanes must be done instead.

(h) Exceptions to Service Information Specifications

    (1) Where Boeing Alert Service Bulletin 757-53A0108, dated 
November 14, 2016, specifies contacting Boeing for instructions, and 
specifies that action as RC: This AD requires using a method 
approved in accordance with the procedures specified in paragraph 
(i) of this AD.
    (2) For purposes of determining compliance with the requirements 
of this AD: Where Boeing Alert Service Bulletin 757-53A0108, dated 
November 14, 2016, uses the phrase ``the original issue date of this 
service bulletin,'' this AD requires using ``the effective date of 
this AD.''
    (3) For purposes of determining compliance with the requirements 
of this AD: Where APB Alert Service Bulletin AP757-53-001, Revision 
1, dated June 21, 2017, uses the phrase ``the original issue date of 
this service bulletin,'' this AD requires using ``the effective date 
of this AD.''
    (4) Where Figures 5 and 6, Step 2, Note (a), of Boeing Alert 
Service Bulletin 757-53A0108, dated November 14, 2016, specify a 
high frequency eddy current (HFEC) inspection for any crack in the 
fuselage frame inner chord forward bend radius and around the 
fasteners, between the two fasteners above and below the edges of 
the intercostal strap, this AD does not require inspecting around 
the two fasteners located below the lower edge of the intercostal 
strap at stringer 13.

 (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 Organization 
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)(1) 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 Chandra 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].

(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) Aviation Partners Boeing (APB) Alert Service Bulletin AP757-
53-001, Revision 1, dated June 21, 2017.
    (ii) Boeing Alert Service Bulletin 757-53A0108, dated November 
14, 2016.
    (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; 
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 Renton, Washington, on March 2, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-05017 Filed 3-28-18; 8:45 am]
 BILLING CODE 4910-13-P


