[Federal Register Volume 86, Number 231 (Monday, December 6, 2021)]
[Rules and Regulations]
[Pages 68902-68905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26393]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0332; Project Identifier AD-2020-01414-T; 
Amendment 39-21819; AD 2021-23-20]
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 and 787-9 airplanes. This AD was 
prompted by reports that shimming requirements were not met during the 
assembly of certain structural joints, which can result in reduced 
fatigue thresholds of the affected structural joints. This AD requires 
repetitive inspections for cracking of certain areas of the front spar 
pickle fork and front spar outer chord and repair of any cracking 
found. The FAA is issuing this AD to address the unsafe condition on 
these products.

DATES: This AD is effective January 10, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of January 10, 
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 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-2021-0332.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0332; 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: Greg Rutar, Aerospace Engineer, 
Airframe Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des 
Moines, WA 98198; phone and fax: 206-231-3529; 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 and 787-9 airplanes. The NPRM published in the 
Federal Register on May 7, 2021 (86 FR 24551). The NPRM was prompted by 
reports that shimming requirements were not met during the assembly of 
certain structural joints, which can result in reduced fatigue 
thresholds of the affected structural joints. In the NPRM, the FAA 
proposed to require repetitive inspections for cracking of certain 
areas of the front spar pickle fork and front spar outer chord and 
repair of any cracking found. The FAA is issuing this AD to address 
undetected fatigue cracking, which could weaken primary structure so it 
cannot sustain limit load, and could result in reduced structural 
integrity of the airplane.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from American Airlines (AAL) who 
supported the NPRM.
    The FAA received additional comments from four commenters, 
including Boeing, United Airlines (UAL), Avianca Airlines (AVA), and 
AAL. The following presents the comments received on the NPRM and the 
FAA's response to each comment.

Request To Clarify Applicability

    Boeing asked that the applicability specified in paragraph (c) of 
the proposed AD be clarified, as follows: ``This AD applies to The 
Boeing Company Model 787-8 and 787-9 airplanes, certificated in any 
category, as identified in Boeing Alert Requirements Bulletins B787-
81205-SB530075-00 RB and B787-81205-SB530076-00 RB, both Issue 001, 
both dated September 8, 2020.'' Boeing stated that, although the 
applicability is the same in each bulletin, identifying both will avoid 
confusion for operators.
    The FAA agrees with the commenter for the reason provided. 
Paragraph (c) of

[[Page 68903]]

the proposed AD only identifies Boeing Alert Requirements Bulletin 
B787-81205-SB530075-00 RB, Issue 001, dated September 8, 2020; 
therefore, the FAA has changed paragraph (c) of this AD to identify 
both bulletins, as requested by the commenter.

Request To Remove Certain Thresholds

    AAL asked that the FAA remove the flight length sensitive (FLS) 
threshold requirements in paragraph (g) of the proposed AD. AAL stated 
that the ``Compliance'' paragraph specified in Boeing Alert 
Requirements Bulletins B787-81205-SB530075-00 RB and B787-81205-
SB530076-00 RB, both Issue 001, both dated September 8, 2020, includes 
the formulas to calculate the FLS threshold, and these formulas are 
based on aircraft cycles and hours. AAL added that its internal 
tracking process can only use flight-cycles, flight-hours, and days, 
its systems cannot use formulas to take full advantage of the FLS 
threshold. AAL noted that the current compliance data would require the 
use of the most conservative values or constant monitoring of aircraft 
utilization. AAL suggested that the FAA include simplified limits in 
this paragraph, allowing operators to maximize the hours and cycle 
threshold.
    UAL also asked that the FAA remove the formula for the threshold 
requirements in paragraph (g) of the proposed AD. UAL suggested 
incorporating simplified flight-hour and flight-cycle limits that can 
be easily tracked in its existing system. UAL added that its system is 
not able to accommodate the existing formula.
    The FAA does not agree with the commenter's request. FLS threshold 
requirements were developed with the flexibility to take advantage of 
individual aircraft utilization. An operator may choose to develop 
simplified thresholds, provided they are at or below the required 
compliance times. As stated in paragraph (g) of this AD, guidance for 
accomplishing the actions required by this AD can be found in Boeing 
Alert Service Bulletins B787-81205-SB530075-00 and B787-81205-SB530076-
00, both Issue 001, dated both September 8, 2020. Appendix A of these 
documents is particularly instructive regarding compliance times. The 
FAA has not changed this AD in this regard.

Request To Use Alternative Repair Method

    AVA asked that the FAA change the following language used in 
paragraph (h)(2) of the proposed AD ``This AD requires doing the repair 
using a method approved in accordance with the procedures specified in 
paragraph (i) of this AD.'' AVA stated that this means submitting a 
request for an alternative method of compliance (AMOC) is required in 
accordance with paragraph (i)(3) of the proposed AD. AVA added that the 
proposed repair is based on the time delay required to obtain an AMOC 
letter, which affects the operational return to service of the affected 
aircraft, and noted that a Form 8100-9 is already an approved document 
that certifies compliance with the airworthiness standard. AVA proposed 
that only an 8100-9 approval form be required for doing a repair after 
contacting Boeing.
    The FAA does not agree with the commenter's 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. Therefore, the 
FAA has not changed this AD in this regard.

Request To Use Later Revision of the Service Information

    AVA asked that the FAA include a paragraph in this AD that approves 
any further revision or issue of Boeing Alert Requirements Bulletins 
B787-81205-SB530075-00 RB and B787-81205-SB530076-00 RB, both Issue 
001, both dated September 8, 2020, for compliance with this AD.
    The FAA does not agree with the commenter's request. The FAA may 
not in an AD refer to any document that does not yet exist. 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, and any other changes 
described previously, 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-
SB530075-00 RB, Issue 001, dated September 8, 2020. The service 
information describes procedures for repetitive high frequency eddy 
current (HFEC) inspections for cracking around all the fasteners common 
to the front spar pickle fork outer chord surface between stringer S-22 
and stringer S-24 at station (STA) 873 on the left and right sides, and 
along the entire forward edge of the front spar pickle fork outer chord 
covered by the body chord splice angle between stringer S-24 and 
stringer S-25 at STA 873 on the left and right sides, and repair of any 
cracking found. The service information also describes procedures for 
repetitive ultrasonic (UT) inspections for cracking of the front spar 
pickle fork outer chord along the upper, lower and aft edges of the end 
fittings at stringer S-23 at STA 873, on the left and right sides, and 
repair of any cracking found.
    The FAA also reviewed Boeing Alert Requirements Bulletin B787-
81205-SB530076-00 RB, Issue 001, dated September 8, 2020. The service 
information describes procedures for repetitive HFEC inspections for 
cracking along the entire forward edge of the front spar body chord in 
the area covered by the body chord splice angle at stringer S-25 on the 
left and right sides, and the splice fitting at BL 0, STA 873, and 
repair of any cracking found. The service information also describes 
procedures for repetitive detailed inspections of the front spar body 
chord horizontal flange surface between stringer S-26 to stringer S-40 
at STA 873 on the left and right sides and repair of any cracking 
found. The service information also describes procedures for repetitive 
UT inspections for cracking of the of the front spar body chord 
horizontal flange along the upper and lower edges of the end fittings 
at stringer S-27, at STA 873 on the left and right sides, and repair of 
any cracking found.
    This service information is reasonably available because the 
interested parties

[[Page 68904]]

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

                                                          Estimated Costs for Required Actions
--------------------------------------------------------------------------------------------------------------------------------------------------------
              Action                    Labor cost        Parts cost              Cost per product                       Cost on U.S. operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Repetitive inspections...........  14 work-hours x $85            $0  $1,190 per inspection cycle.............  $94,010 per inspection cycle.
                                    per hour = $1,190
                                    per inspection
                                    cycle.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition repairs 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.
    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:

2021-23-20 The Boeing Company: Amendment 39-21819; Docket No. FAA-
2021-0332; Project Identifier AD-2020-01414-T.

(a) Effective Date

    This airworthiness directive (AD) is effective January 10, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 787-8 and 787-9 
airplanes, certificated in any category, as identified in Boeing 
Alert Requirements Bulletins B787-81205-SB530075-00 RB and B787-
81205-SB530076-00 RB, both Issue 001, both dated September 8, 2020.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports that shimming requirements were 
not met during the assembly of certain areas of the front spar 
pickle fork and front spar outer chord structural joints, which can 
result in reduced fatigue thresholds of the affected structural 
joints. The FAA is issuing this AD to address undetected fatigue 
cracking, which could weaken primary structure so it cannot sustain 
limit load, and could result in reduced 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 Bulletins B787-81205-SB530075-00 RB and B787-
81205-SB530076-00 RB, both Issue 001, both dated September 8, 2020, 
do all applicable actions identified in, and in accordance with, the 
Accomplishment Instructions of Boeing Alert Requirements Bulletins 
B787-81205-SB530075-00 RB and B787-81205-SB530076-00 RB, both Issue 
001, both dated September 8, 2020.
    Note 1 to paragraph (g): Guidance for accomplishing the actions 
required by this AD can be found in Boeing Alert Service Bulletins 
B787-81205-SB530075-00 and B787-81205-SB530076-00, both Issue 001, 
dated both September 8, 2020, which are referred to in Boeing Alert 
Requirements Bulletins B787-81205-SB530075-00 RB and B787-81205-
SB530076-00 RB, both Issue 001, both dated September 8, 2020.

(h) Exceptions to Service Information Specifications

    (1) Where Boeing Alert Requirements Bulletin B787-81205-
SB530076-00 RB, Issue 001, dated September 8, 2020, uses the phrase 
``the issue 001 date of the Requirements Bulletin B787-81205-
SB530076-00 RB,'' this AD requires using ``the effective date of 
this AD.''
    (2) Where Boeing Alert Requirements Bulletins B787-81205-
SB530075-00 RB and B787-81205-SB530076-00 RB, both Issue 001, both 
dated September 8, 2020, specify contacting Boeing for repair 
instructions: This AD requires doing the repair 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.

[[Page 68905]]

    (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 Greg Rutar, 
Aerospace Engineer, Airframe Section, FAA, Seattle ACO Branch, 2200 
South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3529; 
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-SB530075-00 
RB, Issue 001, dated September 8, 2020.
    (ii) Boeing Alert Requirements Bulletin B787-81205-SB530076-00 
RB, Issue 001, dated September 8, 2020.
    (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.
    (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 November 5, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-26393 Filed 12-3-21; 8:45 am]
BILLING CODE 4910-13-P


