81_FR_50019 81 FR 49873 - Airworthiness Directives; The Boeing Company Airplanes

81 FR 49873 - Airworthiness Directives; The Boeing Company Airplanes

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 146 (July 29, 2016)

Page Range49873-49876
FR Document2016-17861

We are adopting a new airworthiness directive (AD) for all The Boeing Company Model 757-200 and -200CB series airplanes. This AD was prompted by an evaluation by the design approval holder (DAH) indicating that the lap splices at stringer S-14R, lower fastener row, are subject to widespread fatigue damage (WFD). This AD requires external dual frequency eddy current (DFEC) or internal high frequency eddy current (HFEC) inspections of the lap splice, inner skin fasteners, at stringer S-14R, station (STA) 440 through STA 540, and corrective action if necessary. We are issuing this AD to detect and correct cracking of the fuselage skin lap splice. Such cracking could result in reduced structural integrity of the airplane.

Federal Register, Volume 81 Issue 146 (Friday, July 29, 2016)
[Federal Register Volume 81, Number 146 (Friday, July 29, 2016)]
[Rules and Regulations]
[Pages 49873-49876]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17861]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-3700; Directorate Identifier 2015-NM-171-AD; 
Amendment 39-18595; AD 2016-15-04]
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 757-200 and -200CB series airplanes. This AD was 
prompted by an evaluation by the design approval holder (DAH) 
indicating that the lap splices at stringer S-14R, lower fastener row, 
are subject to widespread fatigue damage (WFD). This AD requires 
external dual frequency eddy current (DFEC) or internal high frequency 
eddy current (HFEC) inspections of the lap splice, inner skin

[[Page 49874]]

fasteners, at stringer S-14R, station (STA) 440 through STA 540, and 
corrective action if necessary. We are issuing this AD to detect and 
correct cracking of the fuselage skin lap splice. Such cracking could 
result in reduced structural integrity of the airplane.

DATES: This AD is effective September 2, 2016.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 2, 
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-2016-
3700.

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-2016-
3700; 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: Eric Schrieber, Aerospace Engineer, 
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification 
Office (ACO), 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 
562-627-5348; 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 757-200 and -200CB series airplanes. The NPRM published in the 
Federal Register on March 1, 2016 (81 FR 10533) (``the NPRM''). The 
NPRM was prompted by an evaluation by the DAH indicating that the lap 
splices at stringer S-14R, lower fastener row, are subject to WFD. The 
NPRM proposed to require repetitive external DFEC or internal HFEC 
inspections of the lap splice, inner skin fasteners, at stringer S-14R, 
STA 440 through STA 540, and corrective action if necessary. We are 
issuing this AD to detect and correct cracking of the fuselage skin lap 
splice. Such cracking could result in reduced 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. Boeing indicated its support for 
the NPRM.

Request for Updated Service Information

    United Airlines generally concurred with the NPRM, but requested 
that repairs be incorporated into a subsequent revision of Boeing Alert 
Service Bulletin 757-53A0102, dated October 8, 2015. According to 
United Airlines, the lack of certain approved repairs adds a 
significant level of burden on the operators.
    We acknowledge United Airlines' comment and concerns. We have been 
advised that Boeing is working on revising the referenced service 
information to include repair information, but Boeing cannot provide a 
fixed date when the next revision will be published. To delay this AD 
until this service information is available is inappropriate since we 
have determined that an unsafe condition exists and that inspections 
must be conducted to ensure continued safety. If the updated service 
information is approved and published, any operator may request 
approval of an alternative method of compliance (AMOC) as specified in 
paragraph (j) of this AD. We may also consider further rulemaking after 
reviewing any updated service information. We have not changed this AD 
regarding this issue.

Request To Add Exclusion to the Service Information

    United Airlines requested that the note under step 3.B.1. of the 
Accomplishment Instructions of Boeing Alert Service Bulletin 757-
53A0102, dated October 8, 2015, be changed so that any FAA-approved 
repair that meets the minimum 3 rows on either side of the lap splice 
would qualify as exempt from the initial and repeat inspections. United 
Airlines stated that this change would remove the need to request 
approval of an AMOC.
    The FAA does not make changes to service bulletins. The commenter's 
request could be incorporated into the AD, but we do not agree with the 
requested change because each existing repair affected by this AD needs 
to be evaluated in accordance with paragraph (g) of this AD. For any 
repair in the affected area, operators may request approval of an AMOC 
as specified in paragraph (j) of this AD. We have not changed this AD 
regarding this issue.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that accomplishing the supplemental 
type certificate (STC) ST01518SE does not affect the actions specified 
in the NPRM.
    We agree with the commenter. We have redesignated paragraph (c) of 
the NPRM as (c)(1) and added new paragraph (c)(2) to this final rule to 
state that installation of STC ST01518SE does not affect the ability to 
accomplish the actions required by this final rule. Therefore, for 
airplanes on which STC ST01518SE is installed, a ``change in product'' 
AMOC approval request is not necessary to comply with the requirements 
of 14 CFR 39.17.

Clarification of Service Information Exception

    Paragraph (h)(2) of the NPRM describes a standard service 
information exception; however that exception does not apply to Boeing 
Alert Service Bulletin 757-53A0102, dated October 8, 2015. Therefore, 
we have removed paragraph (h)(2) of the NPRM from 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.

[[Page 49875]]

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 757-53A0102, dated 
October 8, 2015. The service information describes procedures for 
performing repetitive external DFEC or internal HFEC inspections of the 
lap splice, inner skin fasteners, at stringer S-14R, STA 440--STA 540, 
and corrective action if necessary. 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 572 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
----------------------------------------------------------------------------------------------------------------
Option 1: External DFEC           4 work-hours x $85  $0................  $340 per            $194,480 per
 inspection.                       per hour = $340                         inspection cycle.   inspection cycle.
                                   per inspection
                                   cycle.
Option 2: Internal HFEC           10 work-hours x     $0................  $850 per            $486,200 per
 inspection.                       $85 per hour =                          inspection cycle.   inspection cycle.
                                   $850 per
                                   inspection cycle.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that will 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):

2016-15-04 The Boeing Company: Amendment 39-18595; Docket No. FAA-
2016-3700; Directorate Identifier 2015-NM-171-AD.

(a) Effective Date

    This AD is effective September 2, 2016.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to all The Boeing Company Model 757-200 and 
-200CB series airplanes, certificated in any category.
    (2) Installation of Supplemental Type Certificate (STC) 
ST01518SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgSTC.nsf/0/38B606833BBD98B386257FAA00602538?OpenDocument&Highlight=st01518se) 
does not affect the ability to accomplish the actions required by 
this AD. Therefore, for airplanes on which STC ST01518SE 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 lap splices at stringer S-14R, lower 
fastener row, are subject to widespread fatigue damage. We are 
issuing this AD to detect and correct cracking of the fuselage skin 
lap splice. Such cracking could result in reduced structural 
integrity of the airplane.

(f) Compliance

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

(g) Inspections

    At the applicable time specified in paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin 757-53A0102, dated 
October 8, 2015, except as required by paragraph (h) of this AD: Do 
an external dual frequency eddy current inspection or internal high 
frequency eddy current inspection for cracking of the lap splice, 
inner skin lower fastener row, at stringer S-14R, station (STA) 440 
through STA 540, in accordance with the Accomplishment Instructions 
of Boeing Alert Service Bulletin 757-53A0102, dated October 8, 2015. 
Repeat either inspection thereafter at the time specified in 
paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin 
757-53A0102, dated October 8, 2015.

(h) Service Information Exceptions

    Where Boeing Alert Service Bulletin 757-53A0102, dated October 
8, 2015, 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) Repair

    If any crack is found during any inspection required by this AD, 
before further flight, repair using a method approved in

[[Page 49876]]

accordance with the procedures specified in paragraph (j) of this 
AD.

(j) 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 (k) of this AD. 
Information may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.
    (3) An AMOC that provides an acceptable level of safety may be 
used for any repair, modification, or alteration required by this AD 
if it is approved by the Boeing Commercial Airplanes ODA that has 
been authorized by the Manager, Los Angeles 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 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 (j)(4)(i) and 
(j)(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.

(k) Related Information

    For more information about this AD, contact Eric Schrieber, 
Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles ACO, 
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5348; fax: 562-627-5210; email: [email protected].

(l) 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 757-53A0102, dated October 8, 
2015.
    (ii) Reserved.
    (3) For 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. 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.
    (4) 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.
    (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 July 21, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-17861 Filed 7-28-16; 8:45 am]
 BILLING CODE 4910-13-P



                                                                       Federal Register / Vol. 81, No. 146 / Friday, July 29, 2016 / Rules and Regulations                                               49873

                                                  21, 1986), specifically note that seats                  that established by the existing                      that may be either a single component
                                                  were excluded ‘‘because the recently                     airworthiness standards.                              or multiple components in a
                                                  adopted standards for flammability of                                                                          concentrated area in their design.
                                                                                                           Applicability
                                                  seat cushions will greatly inhibit                                                                                2. The applicant may designate up to
                                                  involvement of the seats.’’                                As discussed above, these special                   and including 1.5 square feet of non-
                                                     Subsequently, the Final Rule at                       conditions are applicable to the Model                traditional, non-metallic panel material
                                                  Amendment 25–83 (60 FR 6615, March                       ATR–42–200/–300/–320/–500 and                         per seat place that does not have to
                                                  6, 1995) clarified the definition of                     ATR–72–102/–202/–212/–212A                            comply with special condition 1, above.
                                                  minimum panel size: ‘‘It is not possible                 airplanes. Should ATR apply at a later                A triple seat assembly may have a total
                                                  to cite a specific size that will apply in               date for a change to the type certificate             of 4.5 square feet excluded on any
                                                  all installations; however, as a general                 to include another model incorporating                portion of the assembly (e.g., outboard
                                                  rule, components with exposed surface                    the same novel or unusual design                      seat place, 1 sq. ft.; middle, 1 sq. ft.; and
                                                  areas of one square foot or less may be                  feature, these special conditions would               inboard, 2.5 sq. ft.)
                                                  considered small enough that they do                     apply to that model as well. These                       3. Seats need not meet the test
                                                  not have to meet the new standards.                      special conditions apply to new seat-                 requirements of 14 CFR part 25
                                                  Components with exposed surface areas                    certification programs. Previously                    Appendix F, parts IV and V, when
                                                  greater than two square feet may be                      approved seats are not affected by these              installed in compartments that are not
                                                  considered large enough that they do                     special conditions.                                   otherwise required to meet these
                                                  have to meet the new standards. Those                    Conclusion                                            requirements. Examples include
                                                  with exposed surface areas greater than                                                                        airplanes:
                                                  one square foot, but less than two square                  This action affects only certain novel
                                                                                                                                                                    a. With passenger capacities of 19 or
                                                  feet, must be considered in conjunction                  or unusual design features on two
                                                                                                                                                                 fewer;
                                                  with the areas of the cabin in which                     model series of airplanes. It is not a rule
                                                                                                                                                                    b. that do not have smoke-emission
                                                  they are installed before a determination                of general applicability.
                                                                                                             The substance of these special                      and heat-release test requirements in
                                                  could be made.’’                                                                                               their certification basis, and that are not
                                                     In the late 1990s, the FAA issued                     conditions has been subjected to the
                                                                                                           notice and comment period in several                  required by 14 CFR 121.312 to conduct
                                                  Policy Memorandum 97–112–39,                                                                                   such tests; or
                                                  ‘‘Guidance for Flammability Testing of                   prior instances and has been derived
                                                                                                           without substantive change from those                    c. that are exempted from smoke-
                                                  Seat/Console Installations,’’ October 17,                                                                      emission and heat-release testing.
                                                  1997 (http://rgl.faa.gov). That memo                     previously issued. It is unlikely that
                                                  was issued when it became clear that                     prior public comment would result in a                  Issued in Renton, Washington, on July 21,
                                                  seat designs were evolving to include                    significant change from the substance                 2016.
                                                  large, non-metallic panels with surface                  contained herein. Therefore, because a                Michael Kaszycki,
                                                  areas that would impact survivability                    delay would significantly affect the                  Assistant Manager, Transport Airplane
                                                  during a cabin-fire event, comparable to                 certification of the airplane, which is               Directorate, Aircraft Certification Service.
                                                  partitions or galleys. The memo noted                    imminent, the FAA has determined that                 [FR Doc. 2016–17846 Filed 7–28–16; 8:45 am]
                                                  that large-surface-area panels must                      prior public notice and comment are                   BILLING CODE 4910–13–P
                                                  comply with heat-release and smoke-                      unnecessary and impracticable, and
                                                  emission requirements, even if they                      good cause exists for adopting these
                                                  were attached to a seat. If the FAA had                  special conditions upon publication in                DEPARTMENT OF TRANSPORTATION
                                                  not issued such policy, seat designs                     the Federal Register. The FAA is
                                                  could have been viewed as a loophole                     requesting comments to allow interested               Federal Aviation Administration
                                                  to the airworthiness standards that                      persons to submit views that may not
                                                  would result in an unacceptable                          have been submitted in response to the                14 CFR Part 39
                                                  decrease in survivability during a cabin-                prior opportunities for comment                       [Docket No. FAA–2016–3700; Directorate
                                                  fire event.                                              described above.                                      Identifier 2015–NM–171–AD; Amendment
                                                     In October of 2004, an issue was                                                                            39–18595; AD 2016–15–04]
                                                  raised regarding the appropriate                         List of Subjects in 14 CFR Part 25
                                                                                                             Aircraft, Aviation safety, Reporting                RIN 2120–AA64
                                                  flammability standards for passenger
                                                  seats that incorporated non-traditional,                 and recordkeeping requirements.
                                                                                                                                                                 Airworthiness Directives; The Boeing
                                                  large, non-metallic panels in lieu of the                  The authority citation for these                    Company Airplanes
                                                  traditional metal covered by fabric. The                 special conditions is as follows:
                                                  FAA Seattle Aircraft Certification Office                  Authority: 49 U.S.C. 106(g), 40113, 44701,          AGENCY:  Federal Aviation
                                                  and Transport Standards Staff reviewed                   44702, 44704.                                         Administration (FAA), DOT.
                                                  this design, and determined that it                                                                            ACTION: Final rule.
                                                  represented the kind and quantity of                     The Special Conditions
                                                  material that should be required to pass                    Accordingly, pursuant to the                       SUMMARY:  We are adopting a new
                                                  the heat-release and smoke-emissions                     authority delegated to me by the                      airworthiness directive (AD) for all The
                                                  requirements. The FAA has determined                     Administrator, the following special                  Boeing Company Model 757–200 and
                                                  that special conditions would be issued                  conditions are issued as part of the type             –200CB series airplanes. This AD was
                                                  to apply the standards defined in 14                     certification basis for ATR Model ATR–                prompted by an evaluation by the
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  CFR 25.853(d) to seats with large, non-                  42–200/–300/–320/–500 and ATR–72–                     design approval holder (DAH)
                                                  metallic panels in their design.                         102/–202/–212/–212A airplanes for new                 indicating that the lap splices at stringer
                                                  Traditional seat panels would not be                     seat-certification programs.                          S–14R, lower fastener row, are subject to
                                                  covered by the special conditions.                          1. Compliance with 14 CFR part 25                  widespread fatigue damage (WFD). This
                                                     These special conditions contain the                  Appendix F, parts IV and V, ‘‘Heat                    AD requires external dual frequency
                                                  additional safety standards that the                     release and smoke emission,’’ is                      eddy current (DFEC) or internal high
                                                  Administrator considers necessary to                     required for seats that incorporate non-              frequency eddy current (HFEC)
                                                  establish a level of safety equivalent to                traditional, large, non-metallic panels               inspections of the lap splice, inner skin


                                             VerDate Sep<11>2014   17:04 Jul 28, 2016   Jkt 238001   PO 00000   Frm 00019   Fmt 4700   Sfmt 4700   E:\FR\FM\29JYR1.SGM   29JYR1


                                                  49874                Federal Register / Vol. 81, No. 146 / Friday, July 29, 2016 / Rules and Regulations

                                                  fasteners, at stringer S–14R, station                    The NPRM published in the Federal                     exempt from the initial and repeat
                                                  (STA) 440 through STA 540, and                           Register on March 1, 2016 (81 FR                      inspections. United Airlines stated that
                                                  corrective action if necessary. We are                   10533) (‘‘the NPRM’’). The NPRM was                   this change would remove the need to
                                                  issuing this AD to detect and correct                    prompted by an evaluation by the DAH                  request approval of an AMOC.
                                                  cracking of the fuselage skin lap splice.                indicating that the lap splices at stringer              The FAA does not make changes to
                                                  Such cracking could result in reduced                    S–14R, lower fastener row, are subject to             service bulletins. The commenter’s
                                                  structural integrity of the airplane.                    WFD. The NPRM proposed to require                     request could be incorporated into the
                                                  DATES: This AD is effective September 2,                 repetitive external DFEC or internal                  AD, but we do not agree with the
                                                  2016.                                                    HFEC inspections of the lap splice,                   requested change because each existing
                                                     The Director of the Federal Register                  inner skin fasteners, at stringer S–14R,              repair affected by this AD needs to be
                                                  approved the incorporation by reference                  STA 440 through STA 540, and                          evaluated in accordance with paragraph
                                                  of a certain publication listed in this AD               corrective action if necessary. We are                (g) of this AD. For any repair in the
                                                  as of September 2, 2016.                                 issuing this AD to detect and correct                 affected area, operators may request
                                                  ADDRESSES: For service information                       cracking of the fuselage skin lap splice.             approval of an AMOC as specified in
                                                  identified in this final rule, contact                   Such cracking could result in reduced                 paragraph (j) of this AD. We have not
                                                  Boeing Commercial Airplanes,                             structural integrity of the airplane.                 changed this AD regarding this issue.
                                                  Attention: Data & Services Management,                   Comments
                                                  P.O. Box 3707, MC 2H–65, Seattle, WA                                                                           Effect of Winglets on Accomplishment
                                                                                                             We gave the public the opportunity to               of the Proposed Actions
                                                  98124–2207; telephone: 206–544–5000,
                                                                                                           participate in developing this AD. The
                                                  extension 1; fax: 206–766–5680;                                                                                   Aviation Partners Boeing stated that
                                                                                                           following presents the comments
                                                  Internet: https://                                                                                             accomplishing the supplemental type
                                                                                                           received on the NPRM and the FAA’s
                                                  www.myboeingfleet.com. You may view                                                                            certificate (STC) ST01518SE does not
                                                                                                           response to each comment. Boeing
                                                  this referenced service information at                                                                         affect the actions specified in the
                                                                                                           indicated its support for the NPRM.
                                                  the FAA, Transport Airplane                                                                                    NPRM.
                                                  Directorate, 1601 Lind Avenue SW.,                       Request for Updated Service
                                                  Renton, WA. For information on the                       Information                                              We agree with the commenter. We
                                                  availability of this material at the FAA,                                                                      have redesignated paragraph (c) of the
                                                                                                              United Airlines generally concurred                NPRM as (c)(1) and added new
                                                  call 425–227–1221. It is also available                  with the NPRM, but requested that
                                                  on the Internet at http://                                                                                     paragraph (c)(2) to this final rule to state
                                                                                                           repairs be incorporated into a                        that installation of STC ST01518SE does
                                                  www.regulations.gov by searching for                     subsequent revision of Boeing Alert
                                                  and locating Docket No. FAA–2016–                                                                              not affect the ability to accomplish the
                                                                                                           Service Bulletin 757–53A0102, dated                   actions required by this final rule.
                                                  3700.                                                    October 8, 2015. According to United                  Therefore, for airplanes on which STC
                                                  Examining the AD Docket                                  Airlines, the lack of certain approved                ST01518SE is installed, a ‘‘change in
                                                                                                           repairs adds a significant level of                   product’’ AMOC approval request is not
                                                    You may examine the AD docket on                       burden on the operators.
                                                  the Internet at http://                                                                                        necessary to comply with the
                                                                                                              We acknowledge United Airlines’                    requirements of 14 CFR 39.17.
                                                  www.regulations.gov by searching for                     comment and concerns. We have been
                                                  and locating Docket No. FAA–2016–                        advised that Boeing is working on                     Clarification of Service Information
                                                  3700; or in person at the Docket                         revising the referenced service                       Exception
                                                  Management Facility between 9 a.m.                       information to include repair
                                                  and 5 p.m., Monday through Friday,                       information, but Boeing cannot provide                  Paragraph (h)(2) of the NPRM
                                                  except Federal holidays. The AD docket                   a fixed date when the next revision will              describes a standard service information
                                                  contains this AD, the regulatory                         be published. To delay this AD until                  exception; however that exception does
                                                  evaluation, any comments received, and                   this service information is available is              not apply to Boeing Alert Service
                                                  other information. The address for the                   inappropriate since we have determined                Bulletin 757–53A0102, dated October 8,
                                                  Docket Office (phone: 800–647–5527) is                   that an unsafe condition exists and that              2015. Therefore, we have removed
                                                  Docket Management Facility, U.S.                         inspections must be conducted to                      paragraph (h)(2) of the NPRM from this
                                                  Department of Transportation, Docket                     ensure continued safety. If the updated               AD.
                                                  Operations, M–30, West Building                          service information is approved and                   Conclusion
                                                  Ground Floor, Room W12–140, 1200                         published, any operator may request
                                                  New Jersey Avenue SE., Washington,                       approval of an alternative method of                    We reviewed the relevant data,
                                                  DC 20590.                                                compliance (AMOC) as specified in                     considered the comments received, and
                                                  FOR FURTHER INFORMATION CONTACT: Eric                    paragraph (j) of this AD. We may also                 determined that air safety and the
                                                  Schrieber, Aerospace Engineer,                           consider further rulemaking after                     public interest require adopting this AD
                                                  Airframe Branch, ANM–120L, FAA, Los                      reviewing any updated service                         with the changes described previously
                                                  Angeles Aircraft Certification Office                    information. We have not changed this                 and minor editorial changes. We have
                                                  (ACO), 3960 Paramount Boulevard,                         AD regarding this issue.                              determined that these minor changes:
                                                  Lakewood, CA 90712–4137; phone:                                                                                  • Are consistent with the intent that
                                                  562–627–5348; fax: 562–627–5210;                         Request To Add Exclusion to the
                                                                                                           Service Information                                   was proposed in the NPRM for
                                                  email: eric.schrieber@faa.gov.                                                                                 correcting the unsafe condition; and
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                                                  SUPPLEMENTARY INFORMATION:                                 United Airlines requested that the
                                                                                                           note under step 3.B.1. of the                           • Do not add any additional burden
                                                  Discussion                                               Accomplishment Instructions of Boeing                 upon the public than was already
                                                    We issued a notice of proposed                         Alert Service Bulletin 757–53A0102,                   proposed in the NPRM.
                                                  rulemaking (NPRM) to amend 14 CFR                        dated October 8, 2015, be changed so                    We also determined that these
                                                  part 39 by adding an AD that would                       that any FAA-approved repair that                     changes will not increase the economic
                                                  apply to all The Boeing Company Model                    meets the minimum 3 rows on either                    burden on any operator or increase the
                                                  757–200 and –200CB series airplanes.                     side of the lap splice would qualify as               scope of this AD.


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                                                                            Federal Register / Vol. 81, No. 146 / Friday, July 29, 2016 / Rules and Regulations                                               49875

                                                  Related Service Information Under 1                        inspections of the lap splice, inner skin                 or by the means identified in the
                                                  CFR Part 51                                                fasteners, at stringer S–14R, STA 440—                    ADDRESSES  section.
                                                                                                             STA 540, and corrective action if                         Costs of Compliance
                                                    We reviewed Boeing Alert Service                         necessary. This service information is
                                                  Bulletin 757–53A0102, dated October 8,                     reasonably available because the                            We estimate that this AD affects 572
                                                  2015. The service information describes                    interested parties have access to it                      airplanes of U.S. registry.
                                                  procedures for performing repetitive                       through their normal course of business                     We estimate the following costs to
                                                  external DFEC or internal HFEC                                                                                       comply with this AD:
                                                                                                                           ESTIMATED COSTS
                                                                                                                                      Parts
                                                                   Action                                Labor cost                                        Cost per product                 Cost on U.S. operators
                                                                                                                                      cost

                                                  Option 1: External DFEC in-               4 work-hours × $85 per hour =           $0 .........   $340 per inspection cycle ........   $194,480 per inspection cycle.
                                                   spection.                                  $340 per inspection cycle.
                                                  Option 2: Internal HFEC inspec-           10 work-hours × $85 per hour            $0 .........   $850 per inspection cycle ........   $486,200 per inspection cycle.
                                                   tion.                                      = $850 per inspection cycle.



                                                    We have received no definitive data                        (4) Will not have a significant                         ‘‘change in product’’ alternative method of
                                                  that will enable us to provide cost                        economic impact, positive or negative,                    compliance (AMOC) approval request is not
                                                  estimates for the on-condition actions                     on a substantial number of small entities                 necessary to comply with the requirements of
                                                  specified in this AD.                                      under the criteria of the Regulatory                      14 CFR 39.17.
                                                                                                             Flexibility Act.                                          (d) Subject
                                                  Authority for This Rulemaking
                                                                                                             List of Subjects in 14 CFR Part 39                         Air Transport Association (ATA) of
                                                     Title 49 of the United States Code                                                                                America Code 53, Fuselage.
                                                  specifies the FAA’s authority to issue                       Air transportation, Aircraft, Aviation
                                                  rules on aviation safety. Subtitle I,                      safety, Incorporation by reference,                       (e) Unsafe Condition
                                                  section 106, describes the authority of                    Safety.                                                      This AD was prompted by an evaluation by
                                                  the FAA Administrator. Subtitle VII:                                                                                 the design approval holder indicating that
                                                                                                             Adoption of the Amendment                                 the lap splices at stringer S–14R, lower
                                                  Aviation Programs, describes in more
                                                                                                               Accordingly, under the authority                        fastener row, are subject to widespread
                                                  detail the scope of the Agency’s
                                                                                                             delegated to me by the Administrator,                     fatigue damage. We are issuing this AD to
                                                  authority.                                                                                                           detect and correct cracking of the fuselage
                                                     We are issuing this rulemaking under                    the FAA amends 14 CFR part 39 as
                                                                                                                                                                       skin lap splice. Such cracking could result in
                                                  the authority described in Subtitle VII,                   follows:
                                                                                                                                                                       reduced structural integrity of the airplane.
                                                  Part A, Subpart III, Section 44701:
                                                                                                             PART 39—AIRWORTHINESS                                     (f) Compliance
                                                  ‘‘General requirements.’’ Under that
                                                                                                             DIRECTIVES                                                  Comply with this AD within the
                                                  section, Congress charges the FAA with
                                                  promoting safe flight of civil aircraft in                                                                           compliance times specified, unless already
                                                                                                             ■ 1. The authority citation for part 39                   done.
                                                  air commerce by prescribing regulations                    continues to read as follows:
                                                  for practices, methods, and procedures                                                                               (g) Inspections
                                                                                                                  Authority: 49 U.S.C. 106(g), 40113, 44701.
                                                  the Administrator finds necessary for                                                                                   At the applicable time specified in
                                                  safety in air commerce. This regulation                    § 39.13    [Amended]                                      paragraph 1.E., ‘‘Compliance,’’ of Boeing
                                                  is within the scope of that authority                      ■ 2. The FAA amends § 39.13 by adding                     Alert Service Bulletin 757–53A0102, dated
                                                  because it addresses an unsafe condition                                                                             October 8, 2015, except as required by
                                                                                                             the following new airworthiness                           paragraph (h) of this AD: Do an external dual
                                                  that is likely to exist or develop on                      directive (AD):
                                                  products identified in this rulemaking                                                                               frequency eddy current inspection or internal
                                                                                                             2016–15–04 The Boeing Company:                            high frequency eddy current inspection for
                                                  action.
                                                                                                                 Amendment 39–18595; Docket No.                        cracking of the lap splice, inner skin lower
                                                  Regulatory Findings                                            FAA–2016–3700; Directorate Identifier                 fastener row, at stringer S–14R, station (STA)
                                                                                                                 2015–NM–171–AD.                                       440 through STA 540, in accordance with the
                                                    This AD will not have federalism                                                                                   Accomplishment Instructions of Boeing Alert
                                                  implications under Executive Order                         (a) Effective Date                                        Service Bulletin 757–53A0102, dated October
                                                  13132. This AD will not have a                               This AD is effective September 2, 2016.                 8, 2015. Repeat either inspection thereafter at
                                                  substantial direct effect on the States, on                                                                          the time specified in paragraph 1.E.,
                                                                                                             (b) Affected ADs                                          ‘‘Compliance,’’ of Boeing Alert Service
                                                  the relationship between the national
                                                  government and the States, or on the                         None.                                                   Bulletin 757–53A0102, dated October 8,
                                                  distribution of power and                                                                                            2015.
                                                                                                             (c) Applicability
                                                  responsibilities among the various                            (1) This AD applies to all The Boeing                  (h) Service Information Exceptions
                                                  levels of government.                                      Company Model 757–200 and –200CB series                     Where Boeing Alert Service Bulletin 757–
                                                    For the reasons discussed above, I                       airplanes, certificated in any category.                  53A0102, dated October 8, 2015, specifies a
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                                                  certify that this AD:                                         (2) Installation of Supplemental Type                  compliance time ‘‘after the original issue date
                                                    (1) Is not a ‘‘significant regulatory                    Certificate (STC) ST01518SE (http://                      of this service bulletin,’’ this AD requires
                                                  action’’ under Executive Order 12866,                      rgl.faa.gov/Regulatory_and_Guidance                       compliance within the specified compliance
                                                                                                             _Library/rgSTC.nsf/0/38B6068                              time after the effective date of this AD.
                                                    (2) Is not a ‘‘significant rule’’ under                  33BBD98B386257FAA00602538?Open
                                                  DOT Regulatory Policies and Procedures                     Document&Highlight=st01518se) does not                    (i) Repair
                                                  (44 FR 11034, February 26, 1979),                          affect the ability to accomplish the actions                 If any crack is found during any inspection
                                                    (3) Will not affect intrastate aviation                  required by this AD. Therefore, for airplanes             required by this AD, before further flight,
                                                  in Alaska, and                                             on which STC ST01518SE is installed, a                    repair using a method approved in



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                                                  49876                Federal Register / Vol. 81, No. 146 / Friday, July 29, 2016 / Rules and Regulations

                                                  accordance with the procedures specified in                (3) For service information identified in           consequent reduced controllability of
                                                  paragraph (j) of this AD.                                this AD, contact Boeing Commercial                    the airplane.
                                                                                                           Airplanes, Attention: Data & Services
                                                  (j) Alternative Methods of Compliance                                                                          DATES: This AD is effective September 2,
                                                                                                           Management, P. O. Box 3707, MC 2H–65,
                                                  (AMOCs)                                                  Seattle, WA 98124–2207; telephone: 206–               2016.
                                                     (1) The Manager, Los Angeles Aircraft                 544–5000, extension 1; fax: 206–766–5680;               The Director of the Federal Register
                                                  Certification Office (ACO), FAA, has the                 Internet: https://www.myboeingfleet.com.              approved the incorporation by reference
                                                  authority to approve AMOCs for this AD, if               You may view this referenced service                  of a certain publication listed in this AD
                                                  requested using the procedures found in 14               information at the FAA, Transport Airplane            as of September 2, 2016.
                                                  CFR 39.19. In accordance with 14 CFR 39.19,              Directorate, 1601 Lind Avenue SW., Renton,            ADDRESSES: For service information
                                                  send your request to your principal inspector            WA. For information on the availability of            identified in this final rule, contact
                                                  or local Flight Standards District Office, as            this material at the FAA, call 425–227–1221.
                                                                                                                                                                 Bombardier, Inc., 400 Côte-Vertu Road
                                                  appropriate. If sending information directly               (4) You may view this referenced service
                                                  to the manager of the ACO, send it to the                information at the FAA, Transport Airplane            West, Dorval, Québec H4S 1Y9, Canada;
                                                  attention of the person identified in                    Directorate, 1601 Lind Avenue SW., Renton,            Widebody Customer Response Center
                                                  paragraph (k) of this AD. Information may be             WA. For information on the availability of            North America toll-free telephone: 1–
                                                  emailed to: 9-ANM-LAACO-AMOC-                            this material at the FAA, call 425–227–1221.          866–538–1247 or direct-dial telephone:
                                                  Requests@faa.gov.                                          (5) You may view this service information           1–514–855–2999; fax: 514–855–7401;
                                                     (2) Before using any approved AMOC,                   that is incorporated by reference at the              email: ac.yul@aero.bombardier.com;
                                                  notify your appropriate principal inspector,             National Archives and Records                         Internet http://www.bombardier.com.
                                                  or lacking a principal inspector, the manager            Administration (NARA). For information on             You may view this referenced service
                                                  of the local flight standards district office/           the availability of this material at NARA, call
                                                                                                                                                                 information at the FAA, Transport
                                                  certificate holding district office.                     202–741–6030, or go to: http://
                                                     (3) An AMOC that provides an acceptable               www.archives.gov/federal-register/cfr/ibr-            Airplane Directorate, 1601 Lind Avenue
                                                  level of safety may be used for any repair,              locations.html.                                       SW., Renton, WA. For information on
                                                  modification, or alteration required by this                                                                   the availability of this material at the
                                                                                                             Issued in Renton, Washington, on July 21,
                                                  AD if it is approved by the Boeing                                                                             FAA, call 425–227–1221. It is also
                                                                                                           2016.
                                                  Commercial Airplanes ODA that has been                                                                         available on the Internet at http://
                                                  authorized by the Manager, Los Angeles                   Michael Kaszycki,
                                                                                                                                                                 www.regulations.gov by searching for
                                                  ACO, to make those findings. To be                       Acting Manager, Transport Airplane                    and locating Docket No. FAA–2016–
                                                  approved, the repair method, modification                Directorate, Aircraft Certification Service.
                                                                                                                                                                 5463.
                                                  deviation, or alteration deviation must meet             [FR Doc. 2016–17861 Filed 7–28–16; 8:45 am]
                                                  the certification basis of the airplane, and the         BILLING CODE 4910–13–P                                Examining the AD Docket
                                                  approval must specifically refer to this AD.
                                                     (4) Except as required by paragraph (h) of
                                                                                                                                                                   You may examine the AD docket on
                                                  this AD: For service information that                                                                          the Internet at http://
                                                                                                           DEPARTMENT OF TRANSPORTATION                          www.regulations.gov by searching for
                                                  contains steps that are labeled as Required
                                                  for Compliance (RC), the provisions of                                                                         and locating Docket No. FAA–2016–
                                                                                                           Federal Aviation Administration                       5463; or in person at the Docket
                                                  paragraphs (j)(4)(i) and (j)(4)(ii) of this AD
                                                  apply.                                                                                                         Management Facility between 9 a.m.
                                                     (i) The steps labeled as RC, including                14 CFR Part 39                                        and 5 p.m., Monday through Friday,
                                                  substeps under an RC step and any figures                                                                      except Federal holidays. The AD docket
                                                  identified in an RC step, must be done to                [Docket No. FAA–2016–5463; Directorate
                                                                                                           Identifier 2016–NM–013–AD; Amendment                  contains this AD, the regulatory
                                                  comply with the AD. An AMOC is required
                                                  for any deviations to RC steps, including                39–18598; AD 2016–15–07]                              evaluation, any comments received, and
                                                  substeps and identified figures.                                                                               other information. The street address for
                                                                                                           RIN 2120–AA64                                         the Docket Office (telephone: 800–647–
                                                     (ii) Steps not labeled as RC may be
                                                  deviated from using accepted methods in                                                                        5527) is Docket Management Facility,
                                                  accordance with the operator’s maintenance
                                                                                                           Airworthiness Directives; Bombardier,                 U.S. Department of Transportation,
                                                  or inspection program without obtaining                  Inc. Airplanes                                        Docket Operations, M–30, West
                                                  approval of an AMOC, provided the RC steps,              AGENCY:  Federal Aviation                             Building Ground Floor, Room W12–140,
                                                  including substeps and identified figures, can                                                                 1200 New Jersey Avenue SE.,
                                                  still be done as specified, and the airplane
                                                                                                           Administration (FAA), Department of
                                                                                                           Transportation (DOT).                                 Washington, DC 20590.
                                                  can be put back in an airworthy condition.
                                                                                                           ACTION: Final rule.                                   FOR FURTHER INFORMATION CONTACT:
                                                  (k) Related Information                                                                                        Cesar Gomez, Aerospace Engineer,
                                                    For more information about this AD,                    SUMMARY:   We are adopting a new                      Airframe and Mechanical Systems
                                                  contact Eric Schrieber, Aerospace Engineer,              airworthiness directive (AD) for certain              Branch, ANE–171, FAA, New York
                                                  Airframe Branch, ANM–120L, FAA, Los                      Bombardier, Inc. Model CL–600–2C10                    Aircraft Certification Office (ACO), 1600
                                                  Angeles ACO, 3960 Paramount Boulevard,                   (Regional Jet Series 700, 701, & 702),                Stewart Avenue, Suite 410, Westbury,
                                                  Lakewood, CA 90712–4137; phone: 562–627–
                                                                                                           Model CL–600–2D15 (Regional Jet                       NY 11590; telephone: 516–228–7318;
                                                  5348; fax: 562–627–5210; email:
                                                  eric.schrieber@faa.gov.                                  Series 705), Model CL–600–2D24                        fax: 516–794–5531.
                                                                                                           (Regional Jet Series 900), and Model                  SUPPLEMENTARY INFORMATION:
                                                  (l) Material Incorporated by Reference                   CL–600–2E25 (Regional Jet Series 1000)
                                                     (1) The Director of the Federal Register              airplanes. This AD was prompted by                    Discussion
                                                  approved the incorporation by reference                  reports of corrosion found on the slat                  We issued a notice of proposed
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                                                  (IBR) of the service information listed in this          and flap torque tubes in the slat and flap            rulemaking (NPRM) to amend 14 CFR
                                                  paragraph under 5 U.S.C. 552(a) and 1 CFR                control system. This AD requires                      part 39 by adding an AD that would
                                                  part 51.
                                                                                                           replacement of the slat and flap torque               apply to certain Bombardier, Inc. Model
                                                     (2) You must use this service information
                                                  as applicable to do the actions required by              tubes in the slat and flap control system.            CL–600–2C10 (Regional Jet Series 700,
                                                  this AD, unless the AD specifies otherwise.              We are issuing this AD to prevent                     701, & 702), Model CL–600–2D15
                                                     (i) Boeing Alert Service Bulletin 757–                rupture of a corroded slat or flap torque             (Regional Jet Series 705), Model CL–
                                                  53A0102, dated October 8, 2015.                          tube. This condition could result in an               600–2D24 (Regional Jet Series 900), and
                                                     (ii) Reserved.                                        inoperative slat or flap system and                   Model CL–600–2E25 (Regional Jet Series


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Document Created: 2018-02-08 07:51:26
Document Modified: 2018-02-08 07:51:26
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 September 2, 2016.
ContactEric Schrieber, Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification Office (ACO), 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5348; fax: 562-627-5210; email: [email protected]
FR Citation81 FR 49873 
RIN Number2120-AA64
CFR AssociatedAir Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety

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