81_FR_30264 81 FR 30170 - Airworthiness Directives; The Boeing Company Airplanes

81 FR 30170 - Airworthiness Directives; The Boeing Company Airplanes

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 94 (May 16, 2016)

Page Range30170-30173
FR Document2016-11197

We are adopting a new airworthiness directive (AD) for all The Boeing Company Model 757 airplanes. This AD was prompted by a report of cracking in the fuselage frame. This AD requires inspections for cracking in the fuselage frame, left and right sides, and repair if necessary. We are issuing this AD to detect and correct fuselage frame fatigue cracking. Such cracking could result in loss of structural integrity and the inability to sustain loading conditions.

Federal Register, Volume 81 Issue 94 (Monday, May 16, 2016)
[Federal Register Volume 81, Number 94 (Monday, May 16, 2016)]
[Rules and Regulations]
[Pages 30170-30173]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-11197]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-3141; Directorate Identifier 2014-NM-242-AD; 
Amendment 39-18516; AD 2016-10-05]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for all The 
Boeing Company Model 757 airplanes. This AD was prompted by a report of 
cracking in the fuselage frame. This AD requires inspections for 
cracking in the fuselage frame, left and right sides, and repair if 
necessary. We are issuing this AD to detect and correct fuselage frame 
fatigue cracking. Such cracking could result in loss of structural 
integrity and the inability to sustain loading conditions.

DATES: This AD is effective June 20, 2016.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of June 20, 
2016.

ADDRESSES: For service information identified in this final rule, 
contact Boeing Commercial Airplanes, Attention: Data & Services 
Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 
206-544-5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com. 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 http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
3141.

[[Page 30171]]

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-2015-
3141; 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: Roger Durbin, Aerospace Engineer, 
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification 
Office (ACO), 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 
562-627-5233; 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 all The Boeing Company 
Model 757 airplanes. The NPRM published in the Federal Register on 
August 19, 2015 (80 FR 50230) (``the NPRM''). The NPRM was prompted by 
reports of cracking in the fuselage frame at Station (STA) 1440, 
stringer 24L. The NPRM proposed to require inspections for cracking in 
the fuselage frame, left and right sides, and repair if necessary. We 
are issuing this AD to detect and correct fuselage frame fatigue 
cracking. Such cracking could result in loss of structural integrity 
and the inability to sustain loading conditions.

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.

Request To Revise Paragraph (g) for Clarity and Consistency

    Boeing requested that we revise paragraph (g) of the proposed AD to 
change it from ``frames at stringer 24 and stringer 25, left and right 
sides,'' to state, ``frames in Section 43 at stringer 25, left and 
right sides, and frames in Section 46 at stringer 24, left and right 
sides.''
    We agree with the comment as it adds clarity and makes the AD 
consistent with the required Accomplishment Instructions of Boeing 
Alert Service Bulletin 757-53A0099, dated September 18, 2014. We have 
revised the introductory text to paragraph (g) of this AD accordingly.

Request To Revise Paragraph (g)(1) To Make Exceptions for Repaired 
Areas

    Boeing requested that we revise paragraph (g)(1) of the proposed AD 
from ``repeat the inspections at intervals not to exceed 12,000 flight 
cycles,'' to state, ``repeat the inspections of frame areas at 
intervals not to exceed 12,000 flight cycles in areas that have not 
been repaired as a result of this service bulletin.''
    We disagree with the commenter's proposal to make exceptions for 
areas repaired using the procedures described in the service bulletin, 
where we assume that the commenter is referring to Boeing Alert Service 
Bulletin 757-53A0099, dated September 18, 2014. We have not received 
repair data for cracks detected as a result of the inspections required 
by this AD, and therefore cannot make a determination that any such 
repair is terminating action for the required inspections. We will 
consider requests for alternative methods of compliance (AMOCs) with 
supporting repair data, which may include termination of the required 
inspections, or alternate inspection intervals and methods, as 
required, to address the unsafe condition.

Request To Delay AD for Service Bulletin Revision

    United Airlines and United Parcel Service requested to delay the AD 
until approved repair information could be included in a revision of 
Boeing Alert Service Bulletin 757-53A0099, dated September 18, 2014. 
One commenter noted that its cargo operations often required frame 
repairs and the lack of approved repair configurations would require 
unnecessary AMOC requests.
    We do not agree to delay issuance of this final rule for a revision 
to Boeing Alert Service Bulletin 757-53A0099, dated September 18, 2014, 
to include repair data. Including the repair data will only delay 
necessary inspections required to address the unsafe condition. The 
number of positive findings requiring repairs is unknown at this time, 
and therefore the value of delaying the AD for approved repair data is 
unknown. It is not possible to address existing repairs which may 
require an AMOC. The various repair configurations and locations are 
unknown and therefore cannot be addressed at this time. If the required 
inspections result in a significant number of repairs, operators and/or 
the original equipment manufacturer can request a global AMOC for 
repair data using the procedures in paragraph (i) of this AD.

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:
     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 AD.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 757-53A0099, dated 
September 18, 2014. The service information describes procedures for 
detailed and high frequency eddy current (HFEC) inspections for 
cracking in the fuselage frame at stringer 24 and stringer 25, left and 
right sides. 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 652 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD:

[[Page 30172]]



                                                 Estimated osts
----------------------------------------------------------------------------------------------------------------
                                                                                                Cost on U.S.
          Action                 Labor cost          Parts cost       Cost per product           operators
----------------------------------------------------------------------------------------------------------------
Inspection...............  68 to 83 work-hours x               $0  Up to $7,055 per        Up to $4,599,860 per
                            $85 per hour = Up to                    inspection cycle.       inspection cycle.
                            $7,055 per inspection
                            cycle.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to 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 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):

2016-10-05 The Boeing Company: Amendment 39-18516 ; Docket No. FAA-
2015-3151; Directorate Identifier 2014-NM-242-AD.

(a) Effective Date

    This AD is effective June 20, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 757-200, -200CB, 
-200PF, and -300 airplanes, certificated in any category.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a report of cracking in the fuselage 
frame at Station (STA) 1440, stringer 24L. We are issuing this AD to 
detect and correct fuselage frame fatigue cracking. Such cracking 
could result in loss of structural integrity and the inability to 
sustain loading conditions.

(f) Compliance

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

(g) Inspection

    At the applicable time specified in paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin 757-53A0099, dated 
September 18, 2014, except as required by paragraph (h) of this AD, 
do detailed and high frequency eddy current inspections for cracking 
in the fuselage frames in Section 43 at stringer 25, left and right 
sides, and frames in Section 46 at stringer 24, left and right 
sides, in accordance with the Accomplishment Instructions of Boeing 
Alert Service Bulletin 757-53A0099, dated September 18, 2014.
    (1) If cracking is not found, repeat the inspections at 
intervals not to exceed 12,000 flight cycles.
    (2) If any cracking is found, before further flight, repair 
using a method approved in accordance with the procedures specified 
in paragraph (i) of this AD. Repeat the inspections at intervals not 
to exceed 12,000 flight cycles in unrepaired areas.

(h) Exception to Service Information Specifications

    Where Boeing Alert Service Bulletin 757-53A0099, dated September 
18, 2014, 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.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles 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 (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 required by this AD if it is approved by Boeing 
Commercial Airplanes Organization Designation Authorization (ODA) 
that has been authorized by the Manager, Los Angeles ACO, to make 
those findings. For a repair method to be approved, the repair must 
meet the certification basis of the airplane, and the approval must 
specifically refer to this AD.
    (4) Except as required by paragraph (h) of this AD: For service 
information that contains steps that are labeled as Required for 
Compliance (RC), the provisions of paragraphs (i)(4)(i) and 
(i)(4)(ii) 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

[[Page 30173]]

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 Roger Durbin, 
Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles ACO, 
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5233; 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) Boeing Alert Service Bulletin 757-53A0099, dated September 
18, 2014.
    (ii) Reserved.
    (3) For Boeing service information identified in this AD, 
contact Boeing Commercial Airplanes, Attention: Data & Services 
Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; 
telephone 206-544-5000, extension 1; fax 206-766-5680; Internet 
https://www.myboeingfleet.com.
    (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://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on May 4, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-11197 Filed 5-13-16; 8:45 am]
 BILLING CODE 4910-13-P



                                           30170               Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Rules and Regulations

                                           (j) Post Repair/Post Modification Inspections           paragraph (n) of this AD. Information may be          National Archives and Records
                                              Tables 7 through 9 of paragraph 1.E.,                emailed to: 9-ANM-LAACO-AMOC-                         Administration (NARA). For information on
                                           ‘‘Compliance,’’ of Boeing Special Attention             REQUESTS@faa.gov.                                     the availability of this material at NARA, call
                                           Service Bulletin 737–53–1159, Revision 1,                  (2) Before using any approved AMOC,                202–741–6030, or go to: http://
                                           dated October 20, 2014, specify post-repair             notify your appropriate principal inspector,          www.archives.gov/federal-register/cfr/ibr-
                                           and post-modification airworthiness                     or lacking a principal inspector, the manager         locations.html.
                                           limitation inspections in compliance with 14            of the local flight standards district office/          Issued in Renton, Washington, on May 4,
                                           CFR 25.571(a)(3) at the repaired and                    certificate holding district office.                  2016.
                                           modified locations, which support                          (3) An AMOC that provides an acceptable
                                                                                                                                                         Michael Kaszycki,
                                           compliance with 14 CFR 121.1109(c)(2) or                level of safety may be used for any repair,
                                                                                                   modification, or alteration required by this          Acting Manager, Transport Airplane
                                           129.109(b)(2). As airworthiness limitations,
                                                                                                   AD if it is approved by Boeing Commercial             Directorate, Aircraft Certification Service.
                                           these inspections are required by
                                           maintenance and operational rules. It is                Airplanes Organization Designation                    [FR Doc. 2016–11200 Filed 5–13–16; 8:45 am]
                                           therefore unnecessary to mandate them in                Authorization (ODA) that has been                     BILLING CODE 4910–13–P
                                           this AD. Deviations from these inspections              authorized by the Manager, Los Angeles
                                           require FAA approval, but do not require an             ACO, to make those findings. To be
                                           alternative method of compliance.                       approved, the repair method, modification             DEPARTMENT OF TRANSPORTATION
                                                                                                   deviation, or alteration deviation must meet
                                           (k) Terminating Action Provisions                       the certification basis of the airplane, and the      Federal Aviation Administration
                                              The following describes terminating action           approval must specifically refer to this AD.
                                           for the airplane groups and configurations, as             (4) Except as required by paragraph (l)(2)         14 CFR Part 39
                                           identified in Boeing Special Attention                  of this AD, for service information that
                                           Service Bulletin 737–53–1159, Revision 1,               contains steps that are labeled as Required           [Docket No. FAA–2015–3141; Directorate
                                           dated October 20, 2014.                                 for Compliance (RC), the provisions of                Identifier 2014–NM–242–AD; Amendment
                                              (1) For airplanes in Group 2, Configuration          paragraphs (m)(4)(i) and (m)(4)(ii) apply.            39–18516; AD 2016–10–05]
                                           2; and Groups 3 through 6, Configuration 2:                (i) The steps labeled as RC, including
                                           Accomplishment of the inspections specified             substeps under an RC step and any figures             RIN 2120–AA64
                                           in paragraph (h)(2) of this AD terminates the           identified in an RC step, must be done to
                                           repetitive inspection requirements of                   comply with the AD. An AMOC is required
                                                                                                                                                         Airworthiness Directives; The Boeing
                                           paragraph (h)(1) of this AD.                            for any deviations to RC steps, including             Company Airplanes
                                              (2) For airplanes in Group 2, Configuration          substeps and identified figures.                      AGENCY:  Federal Aviation
                                           1; and Groups 3 through 6, Configurations 1,               (ii) Steps not labeled as RC may be                Administration (FAA), DOT.
                                           2, and 3: Accomplishment of the repair                  deviated from using accepted methods in
                                           specified in paragraph (h)(3) of this AD                accordance with the operator’s maintenance            ACTION: Final rule.
                                           terminates the initial and repetitive                   or inspection program without obtaining
                                                                                                                                                         SUMMARY:    We are adopting a new
                                           inspections specified in paragraphs (h),                approval of an AMOC, provided the RC steps,
                                           (h)(1), and (h)(2) of this AD.                          including substeps and identified figures, can        airworthiness directive (AD) for all The
                                              (3) For airplanes in Group 2, Configuration          still be done as specified, and the airplane          Boeing Company Model 757 airplanes.
                                           1; and Groups 3 through 6, Configurations 1             can be put back in an airworthy condition.            This AD was prompted by a report of
                                           and 3: Accomplishment of the preventive                                                                       cracking in the fuselage frame. This AD
                                           modification specified in paragraph (h)(4) of           (n) Related Information                               requires inspections for cracking in the
                                           this AD terminates the initial and repetitive             For more information about this AD,                 fuselage frame, left and right sides, and
                                           inspections specified in paragraphs (h),                contact Jennifer Tsakoumakis, Aerospace               repair if necessary. We are issuing this
                                           (h)(1), and (h)(2) of this AD.                          Engineer, Airframe Branch, ANM–120L,                  AD to detect and correct fuselage frame
                                                                                                   FAA, Los Angeles ACO, 3960 Paramount
                                           (l) Exception to Service Bulletin                                                                             fatigue cracking. Such cracking could
                                                                                                   Boulevard, Lakewood, CA 90712–4137;
                                           Specifications                                          phone: 562–627–5264; fax: 562–627–5210;               result in loss of structural integrity and
                                              (1) Where Boeing Special Attention Service           email: jennifer.tsakoumakis@faa.gov.                  the inability to sustain loading
                                           Bulletin 737–53–1159, Revision 1, dated                                                                       conditions.
                                           October 20, 2014, specifies a compliance                (o) Material Incorporated by Reference
                                                                                                                                                         DATES: This AD is effective June 20,
                                           time ‘‘after the Revision 1 date of this service           (1) The Director of the Federal Register
                                                                                                   approved the incorporation by reference
                                                                                                                                                         2016.
                                           bulletin,’’ this AD requires compliance                                                                         The Director of the Federal Register
                                           within the specified compliance time after              (IBR) of the service information listed in this
                                           the effective date of this AD.                          paragraph under 5 U.S.C. 552(a) and 1 CFR             approved the incorporation by reference
                                              (2) Where Boeing Special Attention Service           part 51.                                              of a certain publication listed in this AD
                                           Bulletin 737–53–1159, Revision 1, dated                    (2) You must use this service information          as of June 20, 2016.
                                           October 20, 2014, specifies to contact Boeing           as applicable to do the actions required by           ADDRESSES: For service information
                                           for appropriate action, and specifies that              this AD, unless the AD specifies otherwise.           identified in this final rule, contact
                                           action as ‘‘RC’’ (Required for Compliance):                (i) Boeing Special Attention Service               Boeing Commercial Airplanes,
                                           Before further flight, repair the cracking              Bulletin 737–53–1159, Revision 1, dated
                                                                                                                                                         Attention: Data & Services Management,
                                           using a method approved in accordance with              October 20, 2014.
                                                                                                      (ii) Reserved.                                     P.O. Box 3707, MC 2H–65, Seattle, WA
                                           the procedures specified in paragraph (m) of
                                           this AD.                                                   (3) For service information identified in          98124–2207; telephone 206–544–5000,
                                                                                                   this AD, contact Boeing Commercial                    extension 1; fax 206–766–5680; Internet
                                           (m) Alternative Methods of Compliance                   Airplanes, Attention: Data & Services                 https://www.myboeingfleet.com. You
                                           (AMOCs)                                                 Management, P.O. Box 3707, MC 2H–65,                  may view this referenced service
                                              (1) The Manager, Los Angeles Aircraft                Seattle, WA 98124–2207; telephone 206–                information at the FAA, Transport
                                           Certification Office (ACO), FAA, has the                544–5000, extension 1; fax 206–766–5680;              Airplane Directorate, 1601 Lind Avenue
                                           authority to approve AMOCs for this AD, if              Internet https://www.myboeingfleet.com.               SW., Renton, WA. For information on
Lhorne on DSK30JT082PROD with RULES




                                           requested using the procedures found in 14                 (4) You may view this service information
                                                                                                                                                         the availability of this material at the
                                           CFR 39.19. In accordance with 14 CFR 39.19,             at the FAA, Transport Airplane Directorate,
                                           send your request to your principal inspector           1601 Lind Avenue SW., Renton, WA. For                 FAA, call 425–227–1221. It is also
                                           or local Flight Standards District Office, as           information on the availability of this               available on the Internet at http://
                                           appropriate. If sending information directly            material at the FAA, call 425–227–1221.               www.regulations.gov by searching for
                                           to the manager of the ACO, send it to the                  (5) You may view this service information          and locating Docket No. FAA–2015–
                                           attention of the person identified in                   that is incorporated by reference at the              3141.


                                      VerDate Sep<11>2014   14:36 May 13, 2016   Jkt 238001   PO 00000   Frm 00014   Fmt 4700   Sfmt 4700   E:\FR\FM\16MYR1.SGM   16MYR1


                                                               Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Rules and Regulations                                           30171

                                           Examining the AD Docket                                 and stringer 25, left and right sides,’’ to           repair data. Including the repair data
                                             You may examine the AD docket on                      state, ‘‘frames in Section 43 at stringer             will only delay necessary inspections
                                           the Internet at http://                                 25, left and right sides, and frames in               required to address the unsafe
                                           www.regulations.gov by searching for                    Section 46 at stringer 24, left and right             condition. The number of positive
                                           and locating Docket No. FAA–2015–                       sides.’’                                              findings requiring repairs is unknown at
                                           3141; or in person at the Docket                          We agree with the comment as it adds                this time, and therefore the value of
                                                                                                   clarity and makes the AD consistent                   delaying the AD for approved repair
                                           Management Facility between 9 a.m.
                                                                                                   with the required Accomplishment                      data is unknown. It is not possible to
                                           and 5 p.m., Monday through Friday,
                                                                                                   Instructions of Boeing Alert Service                  address existing repairs which may
                                           except Federal holidays. The AD docket
                                                                                                   Bulletin 757–53A0099, dated September                 require an AMOC. The various repair
                                           contains this AD, the regulatory
                                                                                                   18, 2014. We have revised the                         configurations and locations are
                                           evaluation, any comments received, and
                                                                                                   introductory text to paragraph (g) of this            unknown and therefore cannot be
                                           other information. The address for the
                                                                                                   AD accordingly.                                       addressed at this time. If the required
                                           Docket Office (phone: 800–647–5527) is
                                           Docket Management Facility, U.S.                        Request To Revise Paragraph (g)(1) To                 inspections result in a significant
                                           Department of Transportation, Docket                    Make Exceptions for Repaired Areas                    number of repairs, operators and/or the
                                           Operations, M–30, West Building                                                                               original equipment manufacturer can
                                                                                                      Boeing requested that we revise                    request a global AMOC for repair data
                                           Ground Floor, Room W12–140, 1200                        paragraph (g)(1) of the proposed AD
                                           New Jersey Avenue SE., Washington,                                                                            using the procedures in paragraph (i) of
                                                                                                   from ‘‘repeat the inspections at intervals            this AD.
                                           DC 20590.                                               not to exceed 12,000 flight cycles,’’ to
                                           FOR FURTHER INFORMATION CONTACT:                        state, ‘‘repeat the inspections of frame              Conclusion
                                           Roger Durbin, Aerospace Engineer,                       areas at intervals not to exceed 12,000
                                           Airframe Branch, ANM–120L, FAA, Los                     flight cycles in areas that have not been               We reviewed the relevant data,
                                           Angeles Aircraft Certification Office                   repaired as a result of this service                  considered the comments received, and
                                           (ACO), 3960 Paramount Boulevard,                        bulletin.’’                                           determined that air safety and the
                                           Lakewood, CA 90712–4137; phone:                            We disagree with the commenter’s                   public interest require adopting this AD
                                           562–627–5233; fax: 562–627–5210;                        proposal to make exceptions for areas                 with the changes described previously
                                           email: roger.durbin@faa.gov.                            repaired using the procedures described               and minor editorial changes. We have
                                           SUPPLEMENTARY INFORMATION:                              in the service bulletin, where we                     determined that these minor changes:
                                                                                                   assume that the commenter is referring                  • Are consistent with the intent that
                                           Discussion                                              to Boeing Alert Service Bulletin 757–                 was proposed in the NPRM for
                                              We issued a notice of proposed                       53A0099, dated September 18, 2014. We                 correcting the unsafe condition; and
                                           rulemaking (NPRM) to amend 14 CFR                       have not received repair data for cracks                • Do not add any additional burden
                                           part 39 by adding an AD that would                      detected as a result of the inspections               upon the public than was already
                                           apply to all The Boeing Company Model                   required by this AD, and therefore                    proposed in the NPRM.
                                           757 airplanes. The NPRM published in                    cannot make a determination that any                    We also determined that these
                                           the Federal Register on August 19, 2015                 such repair is terminating action for the             changes will not increase the economic
                                           (80 FR 50230) (‘‘the NPRM’’). The                       required inspections. We will consider
                                                                                                                                                         burden on any operator or increase the
                                           NPRM was prompted by reports of                         requests for alternative methods of
                                                                                                                                                         scope of this AD.
                                           cracking in the fuselage frame at Station               compliance (AMOCs) with supporting
                                           (STA) 1440, stringer 24L. The NPRM                      repair data, which may include                        Related Service Information Under 1
                                           proposed to require inspections for                     termination of the required inspections,              CFR Part 51
                                           cracking in the fuselage frame, left and                or alternate inspection intervals and
                                                                                                   methods, as required, to address the                     We reviewed Boeing Alert Service
                                           right sides, and repair if necessary. We
                                                                                                   unsafe condition.                                     Bulletin 757–53A0099, dated September
                                           are issuing this AD to detect and correct
                                                                                                                                                         18, 2014. The service information
                                           fuselage frame fatigue cracking. Such                   Request To Delay AD for Service                       describes procedures for detailed and
                                           cracking could result in loss of                        Bulletin Revision                                     high frequency eddy current (HFEC)
                                           structural integrity and the inability to
                                                                                                     United Airlines and United Parcel                   inspections for cracking in the fuselage
                                           sustain loading conditions.
                                                                                                   Service requested to delay the AD until               frame at stringer 24 and stringer 25, left
                                           Comments                                                approved repair information could be                  and right sides. This service information
                                             We gave the public the opportunity to                 included in a revision of Boeing Alert                is reasonably available because the
                                           participate in developing this AD. The                  Service Bulletin 757–53A0099, dated                   interested parties have access to it
                                           following presents the comments                         September 18, 2014. One commenter                     through their normal course of business
                                           received on the NPRM and the FAA’s                      noted that its cargo operations often                 or by the means identified in the
                                           response to each comment.                               required frame repairs and the lack of                ADDRESSES section.
                                                                                                   approved repair configurations would                  Costs of Compliance
                                           Request To Revise Paragraph (g) for                     require unnecessary AMOC requests.
                                           Clarity and Consistency                                   We do not agree to delay issuance of                  We estimate that this AD affects 652
                                             Boeing requested that we revise                       this final rule for a revision to Boeing              airplanes of U.S. registry. We estimate
                                           paragraph (g) of the proposed AD to                     Alert Service Bulletin 757–53A0099,                   the following costs to comply with this
                                           change it from ‘‘frames at stringer 24                  dated September 18, 2014, to include                  AD:
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                                           30172                 Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Rules and Regulations

                                                                                                                 ESTIMATED OSTS
                                                Action                      Labor cost                       Parts cost                 Cost per product                     Cost on U.S. operators

                                           Inspection .......   68 to 83 work-hours × $85 per                             $0   Up to $7,055 per inspection cycle       Up to $4,599,860 per inspection
                                                                  hour = Up to $7,055 per inspec-                                                                        cycle.
                                                                  tion cycle.



                                             We have received no definitive data                   Adoption of the Amendment                               Service Bulletin 757–53A0099, dated
                                           that would enable us to provide cost                                                                            September 18, 2014.
                                                                                                     Accordingly, under the authority                         (1) If cracking is not found, repeat the
                                           estimates for the on-condition actions                  delegated to me by the Administrator,                   inspections at intervals not to exceed 12,000
                                           specified in this AD.                                   the FAA amends 14 CFR part 39 as                        flight cycles.
                                           Authority for this Rulemaking                           follows:                                                   (2) If any cracking is found, before further
                                                                                                                                                           flight, repair using a method approved in
                                              Title 49 of the United States Code                   PART 39—AIRWORTHINESS                                   accordance with the procedures specified in
                                           specifies the FAA’s authority to issue                  DIRECTIVES                                              paragraph (i) of this AD. Repeat the
                                           rules on aviation safety. Subtitle I,                                                                           inspections at intervals not to exceed 12,000
                                           section 106, describes the authority of                 ■ 1. The authority citation for part 39                 flight cycles in unrepaired areas.
                                           the FAA Administrator. Subtitle VII:                    continues to read as follows:                           (h) Exception to Service Information
                                           Aviation Programs, describes in more                        Authority: 49 U.S.C. 106(g), 40113, 44701.          Specifications
                                           detail the scope of the Agency’s                                                                                  Where Boeing Alert Service Bulletin 757–
                                           authority.                                              § 39.13   [Amended]                                     53A0099, dated September 18, 2014,
                                              We are issuing this rulemaking under                                                                         specifies a compliance time ‘‘after the
                                                                                                   ■ 2. The FAA amends § 39.13 by adding
                                           the authority described in Subtitle VII,                                                                        Original Issue date of this Service Bulletin,’’
                                                                                                   the following new airworthiness                         this AD requires compliance within the
                                           Part A, Subpart III, Section 44701:                     directive (AD):                                         specified compliance time after the effective
                                           ‘‘General requirements.’’ Under that
                                                                                                   2016–10–05 The Boeing Company:                          date of this AD.
                                           section, Congress charges the FAA with
                                                                                                       Amendment 39–18516 ; Docket No.                     (i) Alternative Methods of Compliance
                                           promoting safe flight of civil aircraft in                  FAA–2015–3151; Directorate Identifier
                                           air commerce by prescribing regulations                                                                         (AMOCs)
                                                                                                       2014–NM–242–AD.
                                           for practices, methods, and procedures                                                                             (1) The Manager, Los Angeles Aircraft
                                           the Administrator finds necessary for                   (a) Effective Date                                      Certification Office (ACO), FAA, has the
                                           safety in air commerce. This regulation                   This AD is effective June 20, 2016.                   authority to approve AMOCs for this AD, if
                                           is within the scope of that authority                                                                           requested using the procedures found in 14
                                                                                                   (b) Affected ADs                                        CFR 39.19. In accordance with 14 CFR 39.19,
                                           because it addresses an unsafe condition                                                                        send your request to your principal inspector
                                                                                                     None.
                                           that is likely to exist or develop on                                                                           or local Flight Standards District Office, as
                                           products identified in this rulemaking                  (c) Applicability                                       appropriate. If sending information directly
                                           action.                                                    This AD applies to all The Boeing                    to the manager of the ACO, send it to the
                                                                                                   Company Model 757–200, -200CB, -200PF,                  attention of the person identified in
                                           Regulatory Findings                                     and -300 airplanes, certificated in any                 paragraph (j) of this AD. Information may be
                                             This AD will not have federalism                      category.                                               emailed to: 9-ANM-LAACO-AMOC-
                                           implications under Executive Order                                                                              Requests@faa.gov.
                                                                                                   (d) Subject                                                (2) Before using any approved AMOC,
                                           13132. This AD will not have a                            Air Transport Association (ATA) of                    notify your appropriate principal inspector,
                                           substantial direct effect on the States, on             America Code 53, Fuselage.                              or lacking a principal inspector, the manager
                                           the relationship between the national                                                                           of the local flight standards district office/
                                           government and the States, or on the                    (e) Unsafe Condition                                    certificate holding district office.
                                           distribution of power and                                  This AD was prompted by a report of                     (3) An AMOC that provides an acceptable
                                           responsibilities among the various                      cracking in the fuselage frame at Station               level of safety may be used for any repair
                                           levels of government.                                   (STA) 1440, stringer 24L. We are issuing this           required by this AD if it is approved by
                                                                                                   AD to detect and correct fuselage frame                 Boeing Commercial Airplanes Organization
                                             For the reasons discussed above, I                                                                            Designation Authorization (ODA) that has
                                                                                                   fatigue cracking. Such cracking could result
                                           certify that this AD:                                   in loss of structural integrity and the inability       been authorized by the Manager, Los Angeles
                                             (1) Is not a ‘‘significant regulatory                 to sustain loading conditions.                          ACO, to make those findings. For a repair
                                           action’’ under Executive Order 12866,                                                                           method to be approved, the repair must meet
                                                                                                   (f) Compliance                                          the certification basis of the airplane, and the
                                             (2) Is not a ‘‘significant rule’’ under
                                           DOT Regulatory Policies and Procedures                     Comply with this AD within the                       approval must specifically refer to this AD.
                                           (44 FR 11034, February 26, 1979),                       compliance times specified, unless already                 (4) Except as required by paragraph (h) of
                                                                                                   done.                                                   this AD: For service information that
                                             (3) Will not affect intrastate aviation                                                                       contains steps that are labeled as Required
                                           in Alaska, and                                          (g) Inspection                                          for Compliance (RC), the provisions of
                                             (4) Will not have a significant                          At the applicable time specified in                  paragraphs (i)(4)(i) and (i)(4)(ii) apply.
                                           economic impact, positive or negative,                  paragraph 1.E., ‘‘Compliance,’’ of Boeing                  (i) The steps labeled as RC, including
                                           on a substantial number of small entities               Alert Service Bulletin 757–53A0099, dated               substeps under an RC step and any figures
                                           under the criteria of the Regulatory                    September 18, 2014, except as required by               identified in an RC step, must be done to
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                                                                                                   paragraph (h) of this AD, do detailed and               comply with the AD. An AMOC is required
                                           Flexibility Act.
                                                                                                   high frequency eddy current inspections for             for any deviations to RC steps, including
                                           List of Subjects in 14 CFR Part 39                      cracking in the fuselage frames in Section 43           substeps and identified figures.
                                                                                                   at stringer 25, left and right sides, and frames           (ii) Steps not labeled as RC may be
                                             Air transportation, Aircraft, Aviation                in Section 46 at stringer 24, left and right            deviated from using accepted methods in
                                           safety, Incorporation by reference,                     sides, in accordance with the                           accordance with the operator’s maintenance
                                           Safety.                                                 Accomplishment Instructions of Boeing Alert             or inspection program without obtaining



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                                                               Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Rules and Regulations                                                 30173

                                           approval of an AMOC, provided the RC steps,             This rule will be effective May
                                                                                                   DATES:                                                  Authority: 45 U.S.C. 231f(b)(5); 31 U.S.C.
                                           including substeps and identified figures, can  16, 2016.                                                     3716
                                           still be done as specified, and the airplane
                                           can be put back in an airworthy condition.      ADDRESSES: Martha P. Rico, Secretary to                       § 367.3    [Amended]
                                                                                           the Board, Railroad Retirement Board,
                                           (j) Related Information                                                                                       ■ 2. Amend § 367.3 by removing ‘‘180’’
                                                                                           844 N. Rush Street, Chicago, Illinois
                                              For more information about this AD,
                                                                                                                                                         and adding in its place ‘‘120’’ where it
                                                                                           60611–2092.
                                           contact Roger Durbin, Aerospace Engineer,                                                                     appears in paragraph (a).
                                                                                           FOR FURTHER INFORMATION CONTACT:
                                           Airframe Branch, ANM–120L, FAA, Los                                                                             Dated: May 11, 2016.
                                           Angeles ACO, 3960 Paramount Boulevard,          Marguerite P. Dadabo, Assistant General
                                                                                                                                                           By Authority of the Board.
                                           Lakewood, CA 90712–4137; phone: 562–627– Counsel, (312) 751–4945, TTD (312)
                                           5233; fax: 562–627–5210; email:                 751–4701.                                                     Martha P. Rico,
                                           roger.durbin@faa.gov.                           SUPPLEMENTARY INFORMATION: The                                Secretary to the Board.
                                                                                           Railroad Retirement Board (Board)                             [FR Doc. 2016–11445 Filed 5–13–16; 8:45 am]
                                           (k) Material Incorporated by Reference
                                              (1) The Director of the Federal Register     amends part 367 of the Board’s                                BILLING CODE 7905–01–P

                                           approved the incorporation by reference         regulations, Recovery of Debts Owed to
                                           (IBR) of the service information listed in this the United States Government by
                                           paragraph under 5 U.S.C. 552(a) and 1 CFR       Administrative Offset. Specifically, the                      DEPARTMENT OF THE INTERIOR
                                           part 51.                                        Board amends section 367.3(a), Board
                                              (2) You must use this service information    Responsibilities. Section 367.3(a) states                     Bureau of Indian Affairs
                                           as applicable to do the actions required by     that all nontax debts over 180 days
                                           this AD, unless the AD specifies otherwise.                                                                   25 CFR Part 151
                                              (i) Boeing Alert Service Bulletin 757–
                                                                                           delinquent shall be referred to the
                                           53A0099, dated September 18, 2014.              Department of the Treasury for                                [167A2100DD/AAKC001030/
                                              (ii) Reserved.                               administrative offset through the                             A0A501010.999900 253G]
                                              (3) For Boeing service information           Treasury Offset Program as required by                        RIN 1076–AF28
                                           identified in this AD, contact Boeing           31 U.S.C. 3716. 31 U.S.C. 3716 was
                                           Commercial Airplanes, Attention: Data &         amended by the Digital Accountability                         Title Evidence for Trust Land
                                           Services Management, P.O. Box 3707, MC          and Transparency Act (DATA Act),
                                           2H–65, Seattle, WA 98124–2207; telephone                                                                      Acquisitions
                                                                                           Public Law 113–101. The DATA Act
                                           206–544–5000, extension 1; fax 206–766–                                                                       AGENCY:   Bureau of Indian Affairs,
                                           5680; Internet https://                         now requires agencies to refer to the
                                                                                           Department of the Treasury valid,                             Interior.
                                           www.myboeingfleet.com.
                                              (4) You may view this service information    delinquent nontax debts for the purpose                       ACTION: Final rule.
                                           at the FAA, Transport Airplane Directorate,     of administrative offset at 120 days. The
                                           1601 Lind Avenue SW., Renton, WA. For
                                                                                                                                                         SUMMARY:    This rule deletes the
                                                                                           amendment to section 367.3(a) of the
                                           information on the availability of this                                                                       requirement for fee-to-trust applicants to
                                                                                           Board’s regulation changes from 180
                                           material at the FAA, call 425–227–1221.                                                                       furnish title evidence that meets the
                                                                                           days to 120 days the debts referred to
                                              (5) You may view this service information                                                                  ‘‘Standards for the Preparation of Title
                                                                                           the Department of the Treasury in
                                           that is incorporated by reference at the                                                                      Evidence in Land Acquisitions by the
                                           National Archives and Records                   compliance with the DATA Act.
                                                                                                                                                         United States’’ issued by the U.S.
                                           Administration (NARA). For information on          A proposed rule was published in the
                                                                                                                                                         Department of Justice (DOJ), and
                                           the availability of this material at NARA, call Federal Register on January 21, 2015,                         replaces the requirement with a more
                                           202–741–6030, or go to: http://                 and comments were invited (80 FR
                                                                                                                                                         targeted requirement for title evidence,
                                           www.archives.gov/federal-register/cfr/ibr-      2839). No comments were received. The
                                           locations.html.                                                                                               because adherence to the DOJ standards
                                                                                           final rule makes no changes from the
                                                                                                                                                         is not required for acquisitions of land
                                              Issued in Renton, Washington, on May 4,      proposed rule.
                                                                                                                                                         in trust for individual Indians or Indian
                                           2016.                                              The Board, with the concurrence of
                                                                                                                                                         tribes.
                                           Michael Kaszycki,                               the Office of Management and Budget,
                                                                                                                                                         DATES: This rule becomes effective on
                                           Acting Manager, Transport Airplane              has determined that this is not a
                                                                                           significant regulatory action under                           May 16, 2016.
                                           Directorate, Aircraft Certification Service.
                                                                                           Executive Order 12866, as amended.                            FOR FURTHER INFORMATION CONTACT:
                                           [FR Doc. 2016–11197 Filed 5–13–16; 8:45 am]
                                                                                           Therefore, no regulatory impact analysis                      Elizabeth Appel, Director, Office of
                                           BILLING CODE 4910–13–P
                                                                                           is required. There are no changes to the                      Regulatory Affairs and Collaborative
                                                                                           information collections associated with                       Action, Office of the Assistant
                                                                                           Part 367.                                                     Secretary—Indian Affairs; telephone
                                           RAILROAD RETIREMENT BOARD                                                                                     (202) 273–4680, elizabeth.appel@
                                                                                           List of Subjects in 20 CFR Part 367                           bia.gov.
                                           20 CFR Part 367
                                                                                              Debts, Railroad employees, Railroad                        SUPPLEMENTARY INFORMATION:
                                           RIN 3220–AB66                                   retirement.                                                   I. Overview of Rule
                                           Recovery of Debts Owed to the United               For the reasons set out in the                             II. Background
                                           States Government by Administrative             preamble,   the Railroad Retirement                           III. Comments on the Interim Final Rule
                                                                                           Board amends title 20, chapter II,                               A. ‘‘Written Evidence’’
                                           Offset
                                                                                           subchapter F, part 367 of the Code of                            B. Alternatives to a Title Insurance Policy
                                           AGENCY: Railroad Retirement Board.              Federal Regulations as follows:                                  C. Previously Issued Title Insurance Policy
                                                                                                                                                            D. Abstract of Title
                                           ACTION: Final rule.
                                                                                           PART 367—RECOVERY OF DEBTS                                       E. Marketability and Exceptions to the Title
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                                           SUMMARY: The Railroad Retirement                                                                                    Insurance Policy
                                                                                           OWED TO THE UNITED STATES                                        F. Standards to be Used in Place of DOJ
                                           Board (Board) amends its regulations by GOVERNMENT BY ADMINISTRATIVE
                                                                                                                                                               Standards
                                           changing from 180 days delinquent to            OFFSET                                                           G. Timing and Timelines
                                           120 days delinquent debts that are                                                                               H. Other Comments
                                           referred to Treasury in compliance with ■ 1. The authority citation for part 367                              IV. Changes from Interim Final Rule to Final
                                           the DATA Act.                                   continues to read as follows:                                       Rule



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Document Created: 2016-05-14 01:17:24
Document Modified: 2016-05-14 01:17:24
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis AD is effective June 20, 2016.
ContactRoger Durbin, Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification Office (ACO), 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5233; fax: 562-627-5210; email: [email protected]
FR Citation81 FR 30170 
RIN Number2120-AA64
CFR AssociatedAir Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety

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