AD 2017-11-04

[Federal Register Volume 82, Number 109 (Thursday, June 8, 2017)]
[Rules and Regulations]
[Pages 26573-26576]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2017-11131]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9115; Directorate Identifier 2016-NM-068-AD; 
Amendment 39-18903; AD 2017-11-04]
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 all The 
Boeing Company Model 767-200, -300, and -400ER series airplanes. This 
AD was prompted by an evaluation by the design approval holder (DAH) 
indicating that the fuselage skin lap splices are subject to widespread 
fatigue damage (WFD). This AD requires repetitive inspections to detect 
any crack in the fuselage skin at the skin lap splices, and corrective 
actions if necessary. We are issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective July 13, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 13, 
2017.

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: <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>. You may view this referenced service information 
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., 
Renton, WA. For information on the availability of this material at the 
FAA, call 425-227-1221. It is also available on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2016-
9115.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2016-
9115; 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 AD, 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: Wayne Lockett, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office 
(ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6447; fax: 425-917-6590; email: <a href="/cdn-cgi/l/email-protection#e790869e8982c98b88848c829393a7818686c9808891"><span class="__cf_email__" data-cfemail="4b3c2a32252e65272428202e3f3f0b2d2a2a652c243d">[email&#160;protected]</span></a>.

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 all The Boeing Company 
Model 767-200, -300, and -400ER series airplanes. The NPRM published in 
the Federal Register on September 28, 2016 (81 FR 66553). The NPRM was 
prompted by an evaluation by the DAH indicating that the fuselage skin 
lap splices are subject to WFD. The NPRM proposed to require repetitive 
inspections to detect any crack in the fuselage skin at the skin lap 
splices, and repair of any crack found during the inspection. We are 
issuing this AD to detect and correct cracks at the fuselage skin lap 
splice, which can rapidly link up, possibly resulting in rapid 
decompression and loss of structural integrity of the airplane.

Comments

    We 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 another commenter, Connor Blevins, stated their support 
for the content of the NPRM.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that accomplishing the Supplemental 
Type Certificate (STC) ST01920SE does not affect the actions specified 
in the NPRM.
    We concur with the commenter. We have redesignated paragraph (c) of 
the proposed AD as (c)(1) in this AD and added paragraph (c)(2) to 
state that installation of STC ST01920SE does not affect the ability to 
accomplish the actions required by this final rule. Therefore, for 
airplanes on which STC ST01920SE is installed, a ``change in

[[Page 26574]]

product'' alternative method of compliance (AMOC) approval request is 
not necessary to comply with the requirements of 14 CFR 39.17.

Request for Clarification of Requirements

    United Airlines (UAL) requested that we clarify whether Boeing 
Alert Service Bulletin 767-53A0264, Revision 1, dated April 25, 2016 
(``ASB 767-53A0264 R1'') or the structural repair manual (SRM) takes 
precedence for inspection requirements and whether the operator is able 
to choose which inspection method to utilize. UAL pointed out that Part 
3 of ASB 767-53A0264 R1 specifies high frequency eddy current (HFEC) 
for the initial and repeat inspections, but the corresponding SRM 
repair provides the option of HFEC or low frequency eddy current 
inspections.
    We agree that clarification is necessary. Note (a) of tables 1 
through 9 of paragraph 1.E., ``Compliance,'' of ASB 767-53A0264 R1 
terminates the AD-mandated inspections for any area under an approved 
repair. The repairs are evaluated with their own damage tolerance 
inspection program. The post-repair inspection program is different 
than the baseline inspections specified in Part 3 of ASB 767-53A0264 
R1, and as mentioned previously, post-repair damage tolerance 
inspections are not required by this AD, but are airworthiness 
limitation items (ALIs) and are required by maintenance and operational 
rules. Any deviation from the post-repair ALI inspections requires FAA 
approval, but does not require an alternative method of compliance 
(AMOC). We have not revised this AD in this regard.

Request for Clarification of Repetitive Inspection Intervals

    UAL requested that we clarify the repetitive inspection intervals 
for any Category B repair specified in the SRM and accomplished as 
specified in Part 8 of ASB 767-53A0264 R1. UAL pointed out that the 
Part 8 repetitive inspection intervals conflict with the inspection 
intervals of Category B repairs specified in the SRM. UAL specified 
that if a repair is accomplished at the times proposed in the NPRM, the 
repair is already past the initial inspection thresholds specified in 
the SRM.
    We agree that there is a conflict between the service information 
and the Category B repair specified in the SRM, and that clarification 
is necessary. We have coordinated with Boeing regarding this issue. ASB 
767-53A0264 R1 refers to the SRM for these repair instructions. Boeing 
has revised and published temporary revisions to the SRM that address 
this issue and these revisions provide an inspection threshold based on 
flight cycles after repair installation. Additionally, we have revised 
paragraph (h) of this AD to clarify that the post-repair damage 
tolerance inspections are not required by this AD, but are ALIs and are 
required by maintenance and operational rules. Any deviation from the 
post-repair ALI inspections requires FAA approval, but does not require 
an AMOC. We have also redesignated subsequent paragraphs accordingly.

Conclusion

    We 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:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
    <bullet> 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 AD.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing ASB 767-53A0264 R1. The service information 
describes procedures for repetitive inspections and repair for any 
crack in the fuselage skin at the skin lap splices. 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 332 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspections......................  168 work-hours x                 $0  $14,280 per          $4,740,960 per
                                    $85 per hour =                       inspection cycle..   inspection cycle.
                                    $14,280 per
                                    inspection cycle.
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    The size of the area that requires repair must be determined before 
material and work-hour costs can be estimated. Additionally, materials 
for repairs must be supplied by the operator. Therefore, we cannot 
provide cost estimates for the on-condition actions 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.

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

[[Page 26575]]

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):

2017-11-04 The Boeing Company: Amendment 39-18903; Docket No. FAA-
2016-9115; Directorate Identifier 2016-NM-068-AD.

(a) Effective Date

    This AD is effective July 13, 2017.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to The Boeing Company Model 767-200, -300, 
and -400ER series airplanes, certificated in any category, as 
identified in Boeing Alert Service Bulletin 767-53A0264, Revision 1, 
dated April 25, 2016 (``ASB 767-53A0264 R1'').
    (2) Installation of Supplemental Type Certificate (STC) 
ST01920SE (<a href="http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/59027F43B9A7486E86257B1D006591EE?OpenDocument&Highlight=st01920se">http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/59027F43B9A7486E86257B1D006591EE?OpenDocument&Highlight=st01920se</a>) 
does not affect the ability to accomplish the actions required by 
this AD. Therefore, for airplanes on which STC ST01920SE is 
installed, a ``change in product'' alternative method of compliance 
(AMOC) approval request is not necessary to comply with the 
requirements of 14 CFR 39.17.

(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 indicating that the fuselage skin lap splices are subject to 
widespread fatigue damage. We are issuing this AD to detect and 
correct cracks at the fuselage skin lap splice, which can rapidly 
link up, possibly resulting in rapid decompression and loss of 
structural integrity of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Repetitive Inspections and Corrective Actions

    Except as specified by paragraph (i) of this AD, at the 
applicable times specified in paragraph 1.E., ``Compliance,'' of ASB 
767-53A0264 R1: Do external surface high frequency eddy current 
(HFEC), internal surface HFEC, and external surface low frequency 
eddy current inspections, as applicable, to detect cracks in the 
fuselage skin lap splices, in accordance with the Accomplishment 
Instructions of ASB 767-53A0264 R1. If any crack is found during any 
inspection required by this AD, before further flight, repair in 
accordance with Part 8 of the Accomplishment Instructions of ASB 
767-53A0264 R1. Repeat the inspections thereafter at the times 
specified in paragraph 1.E., ``Compliance,'' of ASB 767-53A0264 R1, 
as applicable.

(h) AD Provisions for Part 26 Supplemental Inspections

    Repairs identified in Part 8 of ASB 767-53A0264 R1 specify post-
modification airworthiness limitation inspections in compliance with 
14 CFR 25.571(a)(3) at the modified locations, which support 
compliance with 14 CFR 121.1109(c)(2) or 129.109(b)(2). As 
airworthiness limitations, these inspections are required by 
maintenance and operational rules. It is therefore unnecessary to 
mandate them in this AD. Deviations from these inspections require 
FAA approval, but do not require an AMOC.

(i) Service Information Exception

    Where ASB 767-53A0264 R1 specifies a compliance time ``after the 
original issue date of this service bulletin,'' this AD requires 
compliance within the specified compliance time after the effective 
date of this AD.

(j) Credit for Previous Actions

    This paragraph provides credit for the actions required by 
paragraph (g) of this AD, if those actions were performed before the 
effective date of this AD using Boeing Alert Service Bulletin 767-
53A0264, dated May 12, 2015.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO), 
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 ACO, send it to the 
attention of the person identified in paragraph (l)(1) of this AD. 
Information may be emailed to: <a href="/cdn-cgi/l/email-protection#51687c101f1c7c02343025253d347c10121e7c101c1e127c0334202434222522113730307f363e27"><span class="__cf_email__" data-cfemail="fec7d3bfb0b3d3ad9b9f8a8a929bd3bfbdb1d3bfb3b1bdd3ac9b8f8b9b8d8a8dbe989f9fd0999188">[email&#160;protected]</span></a>.
    (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, Seattle ACO, 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 specified in paragraph (h) of this AD: For service 
information that contains steps that are labeled as Required for 
Compliance (RC), the provisions of paragraphs (k)(4)(i) and 
(k)(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. 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.

(l) Related Information

    (1) For more information about this AD, contact Wayne Lockett, 
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle ACO, 
1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6447; 
fax: 425-917-6590; email: <a href="/cdn-cgi/l/email-protection#1463756d7a713a787b777f716060547275753a737b62"><span class="__cf_email__" data-cfemail="a4d3c5ddcac18ac8cbc7cfc1d0d0e4c2c5c58ac3cbd2">[email&#160;protected]</span></a>.
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (m)(3) and (m)(4) of this AD.

(m) 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 Service Bulletin 767-53A0264, Revision 1, dated 
April 25, 2016.
    (ii) Reserved.
    (3) For Boeing 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: <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>.
    (4) You may view this service information at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For 
information on the availability of this material at the FAA, call 
425-227-1221.
    (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://

[[Page 26576]]

www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on May 15, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-11131 Filed 6-7-17; 8:45 am]
BILLING CODE 4910-13-P