[Federal Register Volume 85, Number 20 (Thursday, January 30, 2020)]
[Rules and Regulations]
[Pages 5304-5307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01636]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0525; Product Identifier 2019-NM-076-AD; Amendment 
39-19824; AD 2020-01-18]
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 superseding Airworthiness Directive (AD) 2006-11-
11, which applied to all The Boeing Company Model 757 airplanes. AD 
2006-11-11 required incorporating a new revision to the Airworthiness 
Limitations section of the Instructions for Continued Airworthiness to 
mandate certain repetitive inspections for fatigue cracking of 
principal structural elements (PSEs). This AD retains those actions and 
requires revising the existing maintenance or inspection program, as 
applicable, to incorporate additional new or more restrictive 
airworthiness limitations. This AD was prompted by a determination that 
new or more restrictive airworthiness limitations are necessary. The 
FAA is issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective March 5, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 5, 
2020.
    The Director of the Federal Register approved the incorporation by 
reference of certain other publications listed in this AD as of June 
30, 2006 (71 FR 30278, May 26, 2006).

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; 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 https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0525.

[[Page 5305]]

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-
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 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: 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: chandraduth.ramdoss@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to revise AD 2006-11-11, Amendment 39-14615 (71 FR 30278, 
May 26, 2006) (``AD 2006-11-11''). AD 2006-11-11 applied to all The 
Boeing Company Model 757 airplanes. The NPRM published in the Federal 
Register on July 25, 2019 (84 FR 35840). The NPRM was prompted by a 
determination that new or more restrictive airworthiness limitations 
are necessary. The NPRM proposed to continue to require incorporating a 
new revision to the Airworthiness Limitations section of the 
Instructions for Continued Airworthiness to mandate certain repetitive 
inspections for fatigue cracking of PSEs. The NPRM also proposed to 
require revising the existing maintenance or inspection program, as 
applicable, to incorporate new or more restrictive airworthiness 
limitations. The FAA is issuing this AD to address fatigue cracking of 
various PSEs; such fatigue cracking could adversely affect the 
structural integrity of these airplanes.

Comments

    The FAA gave the public the opportunity to participate in 
developing this AD. The following presents the comments received on the 
NPRM and the FAA's response to each comment.

Support for the NPRM

    Boeing and United Airlines concurred with the NPRM. FedEx stated 
that it has no issues with the proposed requirements of the NPRM.

Request To Clarify the Requirements of Paragraph (i) of the Proposed AD

    Delta Airlines (DAL) requested that the FAA clarify the 
requirements of paragraph (i) of the proposed AD. DAL mentioned that it 
had complied with the requirements of AD 2006-11-11 in the year 2006. 
DAL then pointed out that it interprets the requirements of paragraph 
(i) of the proposed AD to mean that once the NPRM is adopted as a final 
rule, any alternative actions, intervals, or critical design 
configuration control limitations (CDCCLs) will require approval of an 
AMOC. DAL expressed concern that parties other than the FAA ACO branch 
or the Boeing Company Organization Designation Authorization (ODA) 
might not be aware that AD 2006-11-11 had been superseded. 
Additionally, DAL mentioned that the period of time between adoption of 
a new rule and the effective date of a new rule is typically used to 
get all required documentation updated. DAL then pointed out that 
operators attempt to incorporate newly adopted rules by the effective 
date of the new rule and would not be able to have all of the related 
documentation updated immediately upon adoption of the new rule. DAL 
recommended that a ``grace period'' be included in paragraph (i) of the 
proposed AD by revising to state that ``. . . no alternative actions 
(e.g., inspections), intervals, or CDCCLs may be used after the 
effective date of this AD unless. . . .''
    The FAA agrees to clarify. AMOCs provide an alternative method of 
compliance to the methods required to be used in the associated AD. An 
AMOC may only be approved after an AD has been published and only after 
data are provided to show that the proposed solution is complete and 
addresses the unsafe condition. Therefore, once this AD is published, 
any person may request approval of an AMOC under the provisions of 
paragraph (l) of this AD. The FAA understands the operator's choice to 
comply with the AD requirements by the effective date, however, the 
effective date is not a deadline. The compliance time of the required 
actions is within 18 months after the effective date of this AD, which 
means that the compliance time starts on the effective date. The 
operator's choice to do the required actions early is commendable, but 
does not necessitate a grace period. Additionally, paragraph (l)(4) of 
this AD specifically authorizes the use of previously approved AMOCs 
for AD 2006-11-11 for the corresponding provisions of this AD. The FAA 
has not changed this AD in this regard.

Request To Clarify the Alternative Method of Compliance (AMOC) 
Provisions

    American Airlines (AAL) requested that, due to differences in 
verbiage between the requirements of paragraphs (i) and (j) of the 
proposed AD, and paragraph (l) of the proposed AD, the FAA clarify 
whether The Boeing Company ODA may approve alternative actions (e.g., 
inspections), intervals, or CDCCLs.
    The FAA agrees that clarification is necessary. The Boeing Company 
ODA is able to approve AMOCs if they are within the authority delegated 
to them by the FAA. It is likely that the FAA will delegate some AMOC 
authority to the Boeing Company ODA for this AD. The FAA does not 
delegate AMOC authority for CDCCLs. The FAA has not changed this AD in 
this regard.

Request To Revise the Applicability for Supplemental Type Certificate 
(STC) ST01518SE

    Aviation Partners Boeing (APB) requested that the FAA revise the 
proposed applicability to specify that STC ST01518SE affects the 
ability to accomplish the proposed actions. APB pointed out that STC 
ST01518SE requires alternative actions or inspection intervals for some 
of the new or updated tasks in Boeing 757 Maintenance Planning Data 
(MPD) Document, Section 9, Airworthiness Limitations (AWLs) and 
Certification Maintenance Requirements (CMRs), D622N001-9, Revision 
October 2018. APB also stated that certain inspections and inspection 
intervals for the structural significant items (SSIs) contained in APB 
757-200 MPD Supplements AP57.2-0604.2 and AP57.2-0604.2-DTR, and for 
the SSIs contained in APB 757-300 MPD Supplements AP57.3-0604.2 and 
AP57.3-0604.2-DTR, are alternative to those contained in the Boeing 757 
Maintenance Planning Data (MPD) Document, Section 9, Airworthiness 
Limitations (AWLs) and Certification Maintenance Requirements (CMRs), 
D622N001-9, Revision October 2018. APB mentioned that it will revise 
the affected APB MPD supplements and apply for new AMOC(s) in 
accordance with paragraph (l) of the proposed AD. APB also suggested 
that paragraph (c) of the proposed AD be redesignated as paragraph 
(c)(1) of this AD and add paragraph (c)(2) to this AD to state that 
installation of STC ST01518SE affects the ability to accomplish the 
actions required by this AD.

[[Page 5306]]

    The FAA concurs with the commenter. The FAA has 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 affects the ability to accomplish the actions required by 
this AD. Therefore, for airplanes on which STC ST01518SE is installed, 
a ``change in product'' AMOC approval request is necessary to comply 
with the requirements of 14 CFR 39.17.
    The FAA has also redesignated paragraph (h) of the proposed AD as 
paragraph (h)(1) of this AD and added paragraph (h)(2) of this AD to 
require that, within 18 months after the effective date of this AD, 
airplanes with STC ST01518SE installed, must revise the existing 
maintenance or inspection program, as applicable, to incorporate a 
supplemental program to address the effect of STC ST01518SE, approved 
in accordance with the procedures specified in paragraph (l) of this 
AD.
    Additionally, the FAA emphasizes that for any airplane that is 
modified by an STC that affects any SSI inspections, an AMOC approval 
request is necessary to comply with the requirements of 14 CFR 39.17.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received, and determined that air safety and the public interest 
require adopting this AD 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.
    The FAA also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

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 AD also requires 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.''
     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.

Costs of Compliance

    The FAA estimates that this AD affects 561 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD.
    The retained and new actions specified in this 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.

Regulatory Findings

    We have determined that 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.

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 removing Airworthiness Directive (AD) 
2006-11-11, Amendment 39-14615 (71 FR 30278, May 26, 2006), and adding 
the following new AD:

2020-01-18 The Boeing Company: Amendment 39-19824; Docket No. FAA-
2019-0525; Product Identifier 2019-NM-076-AD.

(a) Effective Date

    This AD is effective March 5, 2020.

(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

    (1) This AD applies to all The Boeing Company Model 757-200, -
200PF, -200CB, and -300 series airplanes, certificated in any 
category.
    (2) Installation of Supplemental Type Certificate (STC) 
ST01518SE affects the ability to accomplish the actions required by 
this AD. Therefore, for airplanes on which

[[Page 5307]]

STC ST01518SE is installed, a ``change in product'' alternative 
method of compliance (AMOC) approval request is necessary to comply 
with the requirements of 14 CFR 39.17.

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

(h) New Maintenance or Inspection Program Revision

    (1) Except for airplanes identified in paragraph (h)(2) of this 
AD: 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.
    (2) For airplanes with STC ST01518SE installed: Within 18 months 
after the effective date of this AD, revise the existing maintenance 
or inspection program, as applicable, to incorporate a supplemental 
program to address the effect of STC ST01518SE, in accordance with 
the procedures specified in paragraph (l) of this AD.

(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 the Requirements of 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) of this AD. Information may 
be emailed to: 9-ANM-LAACO-AMOC-Requests@faa.gov.
    (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, Amendment 39-
12460 (66 FR 52492, October 16, 2001) and AD 2006-11-11 are approved 
as AMOCs for the corresponding provisions of this AD.

(m) Related Information

    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: chandraduth.ramdoss@faa.gov.

(n) 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 this AD specifies otherwise.
    (3) The following service information was approved for IBR on 
March 5, 2020.
    (i) Boeing 757 Maintenance Planning Data (MPD) Document, Section 
9, Airworthiness Limitations (AWLs) and Certification Maintenance 
Requirements (CMRs), D622N001-9, Revision October 2018.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on 
June 30, 2006 (71 FR 30278, May 26, 2006).
    (i) Boeing 757 Maintenance Planning Data Document, Section 9, 
``Airworthiness Limitations and Certification Maintenance 
Requirements,'' Subsection B. of Boeing Document D622N001-9, 
Revision ``May 2003.''
    (ii) Boeing 757 Maintenance Planning Data Document, Section 9, 
``Airworthiness Limitations and Certification Maintenance 
Requirements,'' Subsection B. of Boeing Document D622N001-9, 
Revision ``June 2005.''
    (5) 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.
    (6) 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.
    (7) 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 fedreg.legal@nara.gov, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on January 21, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-01636 Filed 1-29-20; 8:45 am]
BILLING CODE 4910-13-P


