83_FR_5941 83 FR 5912 - Airworthiness Directives; The Boeing Company Airplanes

83 FR 5912 - Airworthiness Directives; The Boeing Company Airplanes

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 83, Issue 29 (February 12, 2018)

Page Range5912-5915
FR Document2018-02358

We are adopting a new airworthiness directive (AD) for all The Boeing Company Model 757-300 series airplanes. This AD was prompted by reports of scribe line damage on fuselage skin. This AD requires detailed inspections of fuselage skin for the presence of scribe lines, and applicable on-condition actions. We are issuing this AD to address the unsafe condition on these products.

Federal Register, Volume 83 Issue 29 (Monday, February 12, 2018)
[Federal Register Volume 83, Number 29 (Monday, February 12, 2018)]
[Rules and Regulations]
[Pages 5912-5915]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-02358]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0901; Product Identifier 2017-NM-106-AD; Amendment 
39-19183; AD 2018-03-10]
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 757-300 series airplanes. This AD was prompted by 
reports of scribe line damage on fuselage skin. This AD requires 
detailed inspections of fuselage skin for the presence of scribe lines, 
and applicable on-condition actions. We are issuing this AD to address 
the unsafe condition on these products.

DATES: This AD is effective March 19, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 19, 
2018.

ADDRESSES: For service information identified in this final rule, 
contact Boeing Commercial Airplanes, Attention: Contractual & Data 
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 
90740-5600; telephone 562-797-1717; internet https://www.myboeingfleet.com. You may view this service information at the 
FAA, Transport Standards Branch, 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-2017-
0901.

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-2017-
0901; 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 final rule, 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

[[Page 5913]]

Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 
20590.

FOR FURTHER INFORMATION CONTACT: David Truong, Aerospace Engineer, 
Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount 
Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5224; 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 757-300 series airplanes. The NPRM published in the Federal 
Register on September 29, 2017 (82 FR 45526). The NPRM was prompted by 
reports of scribe line damage on fuselage skin, caused by sharp tools 
used during fuselage maintenance. The NPRM proposed to require detailed 
inspections of fuselage skin for the presence of scribe lines, and 
applicable on-condition actions.
    We are issuing this AD to detect and correct scribe line damage. 
Failure to detect and completely remove scribe lines may lead to 
fatigue cracking, rapid decompression, and inability of the principal 
structural element to sustain limit load.

Comments

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

Support for the NPRM

    The Boeing Company and United Airlines supported the NPRM.

Request To Add Exemption Paragraph

    Delta Air Lines (Delta) asserted that any FAA-approved repair 
installed after the original issue date of Boeing Alert Service 
Bulletin 757-53A0107, dated July 20, 2017, would not have the scribe 
line issue because operators are using the approved sealant removal 
tools and instructions specified in the Boeing Alert Service Bulletin 
757-53A0107, dated July 20, 2017, which would prevent the occurrence of 
scribe line damage. Delta requested that a paragraph be added to the 
proposed AD specifying that such a repair would be exempt from the 
requirements of the proposed AD.
    We agree with the commenter's request because the Boeing Alert 
Service Bulletin 757-53A0107, dated July 20, 2017, provides an 
exception to inspection requirements for external and internal approved 
repairs that are installed under certain conditions, including the use 
and recording of the correct sealant removal procedure. An FAA-approved 
repair that is installed under the same conditions would also be 
provided the same exception to the inspection requirements. We have 
added paragraph (h)(3) to this AD to specify that, for the purposes of 
determining compliance with the requirements of this AD, the phrase 
``FAA-approved repair'' may be substituted for ``approved repair'', as 
specified in Boeing Alert Service Bulletin 757-53A0107, dated July 20, 
2017.

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 concur with the commenter. We have redesignated paragraph (c) of 
the proposed AD as paragraph (c)(1) and added paragraph (c)(2) to this 
AD to state that installation of STC 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.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this final rule 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 final 
rule.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 757-53A0107, dated July 
20, 2017. The service information describes procedures for detecting 
and correcting scribe line damage on fuselage skin. 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 37 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                Cost on U.S.
           Action                   Labor cost         Parts cost       Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Inspections.................  Up to 149 work-hours               $0  Up to $12,665 per      Up to $468,605 per
                               x $85 per hour =                       inspection cycle.      inspection cycle.
                               $12,665 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

[[Page 5914]]

products identified in this rulemaking action.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to transport category airplanes to 
the Director of the System Oversight Division.

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):

2018-03-10 The Boeing Company: Amendment 39-19183; Docket No. FAA-
2017-0901; Product Identifier 2017-NM-106-AD.

 (a) Effective Date

    This AD is effective March 19, 2018.

 (b) Affected ADs

    None.

 (c) Applicability

    (1) This AD applies to all The Boeing Company Model 757-300 
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/$FILE/ST01518SE.pdf) 
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 reports of scribe line damage on 
fuselage skin, caused by sharp tools used during fuselage 
maintenance. We are issuing this AD to detect and correct scribe 
line damage. Failure to detect and completely remove scribe lines 
may lead to fatigue cracking, rapid decompression, and inability of 
the principal structural element to sustain limit load.

 (f) Compliance

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

 (g) Required Actions

    Except as provided by paragraph (h) of this AD: At the 
applicable times specified in paragraph 1.E., ``Compliance,'' of 
Boeing Alert Service Bulletin 757-53A0107, dated July 20, 2017, do 
all applicable actions identified as ``RC'' (required for 
compliance) in, and in accordance with, the Accomplishment 
Instructions of Boeing Alert Service Bulletin 757-53A0107, dated 
July 20, 2017.

 (h) Exceptions to Service Information Specifications

    (1) For purposes of determining compliance with the requirements 
of this AD, the phrase ``the effective date of this AD'' may be 
substituted for ``the original issue date of this service 
bulletin,'' as specified in Boeing Alert Service Bulletin 757-
53A0107, dated July 20, 2017.
    (2) Where Boeing Alert Service Bulletin 757-53A0107, dated July 
20, 2017, specifies contacting Boeing, and specifies that action as 
RC: This AD requires repair using a method approved in accordance 
with the procedures specified in paragraph (i) of this AD.
    (3) For purposes of determining compliance with the requirements 
of this AD, the phrase ``FAA-approved repair'' may be substituted 
for ``approved repair,'' as specified in Boeing Alert Service 
Bulletin 757-53A0107, dated July 20, 2017.

 (i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles ACO Branch, FAA, has the authority 
to approve AMOCs for this AD, if requested using the procedures 
found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your 
request to your principal inspector or local Flight Standards 
District Office, as appropriate. If sending information directly to 
the manager of the certification office, send it to the attention of 
the person identified in paragraph (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, modification, or alteration required by this AD 
if it is approved by the Boeing Commercial Airplanes Organization 
Designation Authorization (ODA) that has been authorized by the 
Manager, Los Angeles ACO Branch, 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)(2) of this AD: For 
service information that contains steps that are labeled as RC, the 
provisions of paragraphs (i)(4)(i) and (i)(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. If a step or substep is labeled ``RC Exempt,'' then the 
RC requirement is removed from that step or substep. 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.

 (j) Related Information

    For more information about this AD, contact David Truong, 
Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch, 
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5224; 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 757-53A0107, dated July 20, 
2017.
    (ii) Reserved.
    (3) For service information identified in this AD, contact 
Boeing Commercial

[[Page 5915]]

Airplanes, Attention: Contractual & Data Services (C&DS), 2600 
Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; telephone 
562-797-1717; internet https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA, Transport 
Standards Branch, 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 January 26, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-02358 Filed 2-9-18; 8:45 am]
 BILLING CODE 4910-13-P



                                             5912             Federal Register / Vol. 83, No. 29 / Monday, February 12, 2018 / Rules and Regulations

                                             (o) Terminating Action for ALI Tasks                    the procedures and tests identified as RC can         DEPARTMENT OF TRANSPORTATION
                                                (1) Accomplishment of inspections on an              be done and the airplane can be put back in
                                             airplane, as required by paragraphs (g), (j), or        an airworthy condition. Any substitutions or          Federal Aviation Administration
                                             (l) of this AD, as applicable, constitutes              changes to procedures or tests identified as
                                             terminating action for the inspection                   RC require approval of an AMOC.                       14 CFR Part 39
                                             requirements of ALI task 534129 or task
                                             534130, as applicable, for that airplane.               (r) Related Information                               [Docket No. FAA–2017–0901; Product
                                                (2) Modification of the four fastener holes            (1) Refer to Mandatory Continuing                   Identifier 2017–NM–106–AD; Amendment
                                             at a door stop location of an airplane as                                                                     39–19183; AD 2018–03–10]
                                                                                                     Airworthiness Information (MCAI) EASA AD
                                             specified in paragraphs (i) or (m) of this AD,          2016–0238, dated December 2, 2016;                    RIN 2120–AA64
                                             as applicable, and subsequent initial
                                                                                                     corrected January 4, 2017, for related
                                             inspection required by paragraph (j) of this                                                                  Airworthiness Directives; The Boeing
                                             AD, constitutes terminating action for the              information. This MCAI may be found in the
                                             inspection requirements of ALI task 534129              AD docket on the internet at http://                  Company Airplanes
                                             or task 534130, as applicable, for those holes          www.regulations.gov by searching for and
                                                                                                                                                           AGENCY:  Federal Aviation
                                             for that airplane. Subsequent repetitive                locating Docket No. FAA–2017–0707.
                                                                                                       (2) For more information about this AD,
                                                                                                                                                           Administration (FAA), DOT.
                                             inspections are required by paragraph (j) of
                                             this AD.                                                contact Sanjay Ralhan, Aerospace Engineer,            ACTION: Final rule.

                                             (p) Credit for Previous Actions                         International Section, Transport Standards
                                                                                                     Branch, FAA, 1601 Lind Avenue SW,
                                                                                                                                                           SUMMARY:    We are adopting a new
                                               (1) This paragraph provides credit for
                                                                                                     Renton, WA 98057–3356; telephone: 425–
                                                                                                                                                           airworthiness directive (AD) for all The
                                             actions required by paragraphs (g) and (j) of                                                                 Boeing Company Model 757–300 series
                                             this AD, if those actions were performed                227–1405; fax: 425–227–1149.
                                                                                                       (3) Service information identified in this          airplanes. This AD was prompted by
                                             before the effective date of this AD using                                                                    reports of scribe line damage on fuselage
                                             Airbus Service Bulletin A320–53–1288,                   AD that is not incorporated by reference is
                                                                                                     available at the addresses specified in               skin. This AD requires detailed
                                             including Appendixes 01 and 02, dated
                                             October 10, 2014.                                       paragraphs (s)(3) and (s)(4) of this AD.              inspections of fuselage skin for the
                                               (2) This paragraph provides credit for                                                                      presence of scribe lines, and applicable
                                             actions required by paragraphs (i) and (m) of           (s) Material Incorporated by Reference                on-condition actions. We are issuing
                                             this AD, if those actions were performed                   (1) The Director of the Federal Register           this AD to address the unsafe condition
                                             before the effective date of this AD using              approved the incorporation by reference               on these products.
                                             Airbus Service Bulletin A320–53–1290,                   (IBR) of the service information listed in this       DATES: This AD is effective March 19,
                                             dated October 10, 2014.                                 paragraph under 5 U.S.C. 552(a) and 1 CFR             2018.
                                             (q) Other FAA AD Provisions                             part 51.                                                 The Director of the Federal Register
                                               The following provisions also apply to this              (2) You must use this service information          approved the incorporation by reference
                                             AD:                                                     as applicable to do the actions required by           of a certain publication listed in this AD
                                               (1) Alternative Methods of Compliance                 this AD, unless this AD specifies otherwise.          as of March 19, 2018.
                                             (AMOCs): The Manager, International                        (i) Airbus Service Bulletin A320–53–1288,
                                                                                                                                                           ADDRESSES: For service information
                                             Section, Transport Standards Branch, FAA,               Revision 01, including Appendixes 01, 02,
                                             has the authority to approve AMOCs for this                                                                   identified in this final rule, contact
                                                                                                     and 03, dated October 3, 2016.
                                             AD, if requested using the procedures found                                                                   Boeing Commercial Airplanes,
                                                                                                        (ii) Airbus Service Bulletin A320–53–1290,
                                             in 14 CFR 39.19. In accordance with 14 CFR              Revision 01, dated October 3, 2016.
                                                                                                                                                           Attention: Contractual & Data Services
                                             39.19, send your request to your principal                 (3) For service information identified in
                                                                                                                                                           (C&DS), 2600 Westminster Blvd., MC
                                             inspector or local Flight Standards District
                                                                                                     this AD, contact Airbus, Airworthiness
                                                                                                                                                           110–SK57, Seal Beach, CA 90740–5600;
                                             Office, as appropriate. If sending information                                                                telephone 562–797–1717; internet
                                             directly to the International Section, send it          Office—EIAS, 1 Rond Point Maurice
                                                                                                     Bellonte, 31707 Blagnac Cedex, France;                https://www.myboeingfleet.com. You
                                             to the attention of the person identified in                                                                  may view this service information at the
                                             paragraph (r)(2) of this AD. Information may            telephone: +33 5 61 93 36 96; fax: +33 5 61
                                                                                                     93 44 51; email: account.airworth-eas@                FAA, Transport Standards Branch, 1601
                                             be emailed to: 9-ANM-116-AMOC-
                                             REQUESTS@faa.gov. Before using any                      airbus.com; internet: http://www.airbus.com.          Lind Avenue SW, Renton, WA. For
                                             approved AMOC, notify your appropriate                     (4) You may view this service information          information on the availability of this
                                             principal inspector, or lacking a principal             at the FAA, Transport Standards Branch,               material at the FAA, call 425–227–1221.
                                             inspector, the manager of the local flight              1601 Lind Avenue SW, Renton, WA. For                  It is also available on the internet at
                                             standards district office/certificate holding           information on the availability of this               http://www.regulations.gov by searching
                                             district office.                                        material at the FAA, call 425–227–1221.               for and locating Docket No. FAA–2017–
                                               (2) Contacting the Manufacturer: For any                                                                    0901.
                                                                                                        (5) You may view this service information
                                             requirement in this AD to obtain corrective
                                                                                                     that is incorporated by reference at the              Examining the AD Docket
                                             actions from a manufacturer, the action must
                                             be accomplished using a method approved                 National Archives and Records
                                                                                                     Administration (NARA). For information on               You may examine the AD docket on
                                             by the Manager, International Section,
                                             Transport Standards Branch, FAA; or EASA;               the availability of this material at NARA, call       the internet at http://
                                             or Airbus’s EASA DOA. If approved by the                202–741–6030, or go to: http://                       www.regulations.gov by searching for
                                             DOA, the approval must include the DOA-                 www.archives.gov/federal-register/cfr/ibr-            and locating Docket No. FAA–2017–
                                             authorized signature.                                   locations.html.                                       0901; or in person at the Docket
                                               (3) Required for Compliance (RC): If any                                                                    Management Facility between 9 a.m.
                                             service information contains procedures or                Issued in Renton, Washington, on January
                                                                                                                                                           and 5 p.m., Monday through Friday,
                                             tests that are identified as RC, those                  29, 2018.
                                                                                                                                                           except Federal holidays. The AD docket
                                             procedures and tests must be done to comply             Michael Kaszycki,                                     contains this final rule, the regulatory
daltland on DSKBBV9HB2PROD with RULES




                                             with this AD; any procedures or tests that are          Acting Director, System Oversight Division,           evaluation, any comments received, and
                                             not identified as RC are recommended. Those             Aircraft Certification Service.
                                             procedures and tests that are not identified                                                                  other information. The address for the
                                             as RC may be deviated from using accepted               [FR Doc. 2018–02359 Filed 2–9–18; 8:45 am]            Docket Office (phone: 800–647–5527) is
                                             methods in accordance with the operator’s               BILLING CODE 4910–13–P                                Docket Management Facility, U.S.
                                             maintenance or inspection program without                                                                     Department of Transportation, Docket
                                             obtaining approval of an AMOC, provided                                                                       Operations, M–30, West Building


                                        VerDate Sep<11>2014   18:49 Feb 09, 2018   Jkt 244001   PO 00000   Frm 00042   Fmt 4700   Sfmt 4700   E:\FR\FM\12FER1.SGM   12FER1


                                                               Federal Register / Vol. 83, No. 29 / Monday, February 12, 2018 / Rules and Regulations                                              5913

                                             Ground Floor, Room W12–140, 1200                         the original issue date of Boeing Alert                 does not affect the ability to accomplish
                                             New Jersey Avenue SE, Washington, DC                     Service Bulletin 757–53A0107, dated                     the actions required by this AD.
                                             20590.                                                   July 20, 2017, would not have the scribe                Therefore, for airplanes on which STC
                                             FOR FURTHER INFORMATION CONTACT:                         line issue because operators are using                  ST01518SE is installed, a ‘‘change in
                                             David Truong, Aerospace Engineer,                        the approved sealant removal tools and                  product’’ alternative method of
                                             Airframe Section, FAA, Los Angeles                       instructions specified in the Boeing                    compliance (AMOC) approval request is
                                             ACO Branch, 3960 Paramount                               Alert Service Bulletin 757–53A0107,                     not necessary to comply with the
                                             Boulevard, Lakewood, CA 90712–4137;                      dated July 20, 2017, which would                        requirements of 14 CFR 39.17.
                                             phone: 562–627–5224; fax: 562–627–                       prevent the occurrence of scribe line
                                             5210; email: david.truong@faa.gov.                       damage. Delta requested that a                          Conclusion
                                             SUPPLEMENTARY INFORMATION:                               paragraph be added to the proposed AD                      We reviewed the relevant data,
                                                                                                      specifying that such a repair would be                  considered the comments received, and
                                             Discussion                                               exempt from the requirements of the                     determined that air safety and the
                                                We issued a notice of proposed                        proposed AD.                                            public interest require adopting this
                                             rulemaking (NPRM) to amend 14 CFR                           We agree with the commenter’s                        final rule with the changes described
                                             part 39 by adding an AD that would                       request because the Boeing Alert Service                previously and minor editorial changes.
                                             apply to all The Boeing Company Model                    Bulletin 757–53A0107, dated July 20,                    We have determined that these minor
                                             757–300 series airplanes. The NPRM                       2017, provides an exception to                          changes:
                                             published in the Federal Register on                     inspection requirements for external
                                             September 29, 2017 (82 FR 45526). The                    and internal approved repairs that are                     • Are consistent with the intent that
                                             NPRM was prompted by reports of                          installed under certain conditions,                     was proposed in the NPRM for
                                             scribe line damage on fuselage skin,                     including the use and recording of the                  correcting the unsafe condition; and
                                             caused by sharp tools used during                        correct sealant removal procedure. An                      • Do not add any additional burden
                                             fuselage maintenance. The NPRM                           FAA-approved repair that is installed                   upon the public than was already
                                             proposed to require detailed inspections                 under the same conditions would also                    proposed in the NPRM.
                                             of fuselage skin for the presence of                     be provided the same exception to the
                                             scribe lines, and applicable on-                                                                                    We also determined that these
                                                                                                      inspection requirements. We have                        changes will not increase the economic
                                             condition actions.                                       added paragraph (h)(3) to this AD to
                                                We are issuing this AD to detect and                                                                          burden on any operator or increase the
                                                                                                      specify that, for the purposes of                       scope of this final rule.
                                             correct scribe line damage. Failure to                   determining compliance with the
                                             detect and completely remove scribe                      requirements of this AD, the phrase                     Related Service Information Under 1
                                             lines may lead to fatigue cracking, rapid                ‘‘FAA-approved repair’’ may be                          CFR Part 51
                                             decompression, and inability of the                      substituted for ‘‘approved repair’’, as
                                             principal structural element to sustain                  specified in Boeing Alert Service                         We reviewed Boeing Alert Service
                                             limit load.                                              Bulletin 757–53A0107, dated July 20,                    Bulletin 757–53A0107, dated July 20,
                                             Comments                                                 2017.                                                   2017. The service information describes
                                                                                                                                                              procedures for detecting and correcting
                                               We gave the public the opportunity to                  Effect of Winglets on Accomplishment                    scribe line damage on fuselage skin.
                                             participate in developing this final rule.               of the Proposed Actions                                 This service information is reasonably
                                             The following presents the comments                                                                              available because the interested parties
                                                                                                         Aviation Partners Boeing stated that
                                             received on the NPRM and the FAA’s                                                                               have access to it through their normal
                                                                                                      accomplishing the Supplemental Type
                                             response to each comment.                                                                                        course of business or by the means
                                                                                                      Certificate (STC) ST01518SE does not
                                             Support for the NPRM                                     affect the actions specified in the                     identified in the ADDRESSES section.
                                               The Boeing Company and United                          NPRM.                                                   Costs of Compliance
                                             Airlines supported the NPRM.                                We concur with the commenter. We
                                                                                                      have redesignated paragraph (c) of the                    We estimate that this AD affects 37
                                             Request To Add Exemption Paragraph                       proposed AD as paragraph (c)(1) and                     airplanes of U.S. registry. We estimate
                                               Delta Air Lines (Delta) asserted that                  added paragraph (c)(2) to this AD to                    the following costs to comply with this
                                             any FAA-approved repair installed after                  state that installation of STC ST01518SE                AD:

                                                                                                   ESTIMATED COSTS FOR REQUIRED ACTIONS
                                                    Action                          Labor cost                    Parts cost                    Cost per product               Cost on U.S. operators

                                             Inspections ..........   Up to 149 work-hours × $85 per                           $0   Up to $12,665 per inspection          Up to $468,605 per inspection
                                                                       hour = $12,665 per inspection                                  cycle.                                cycle.
                                                                       cycle.



                                               We have received no definitive data                    section 106, describes the authority of                 section, Congress charges the FAA with
                                             that would enable us to provide cost                     the FAA Administrator. Subtitle VII:                    promoting safe flight of civil aircraft in
                                             estimates for the on-condition actions                   Aviation Programs, describes in more                    air commerce by prescribing regulations
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                                             specified in this AD.                                    detail the scope of the Agency’s                        for practices, methods, and procedures
                                                                                                      authority.                                              the Administrator finds necessary for
                                             Authority for This Rulemaking
                                                                                                         We are issuing this rulemaking under                 safety in air commerce. This regulation
                                               Title 49 of the United States Code                     the authority described in Subtitle VII,                is within the scope of that authority
                                             specifies the FAA’s authority to issue                   Part A, Subpart III, Section 44701:                     because it addresses an unsafe condition
                                             rules on aviation safety. Subtitle I,                    ‘‘General requirements.’’ Under that                    that is likely to exist or develop on



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                                             5914             Federal Register / Vol. 83, No. 29 / Monday, February 12, 2018 / Rules and Regulations

                                             products identified in this rulemaking                  (b) Affected ADs                                      (i) Alternative Methods of Compliance
                                             action.                                                   None.                                               (AMOCs)
                                               This AD is issued in accordance with                                                                           (1) The Manager, Los Angeles ACO Branch,
                                             authority delegated by the Executive                    (c) Applicability                                     FAA, has the authority to approve AMOCs
                                             Director, Aircraft Certification Service,                 (1) This AD applies to all The Boeing               for this AD, if requested using the procedures
                                             as authorized by FAA Order 8000.51C.                    Company Model 757–300 series airplanes,               found in 14 CFR 39.19. In accordance with
                                             In accordance with that order, issuance                 certificated in any category.                         14 CFR 39.19, send your request to your
                                                                                                       (2) Installation of Supplemental Type               principal inspector or local Flight Standards
                                             of ADs is normally a function of the                                                                          District Office, as appropriate. If sending
                                                                                                     Certificate (STC) ST01518SE (http://
                                             Compliance and Airworthiness                                                                                  information directly to the manager of the
                                                                                                     rgl.faa.gov/Regulatory_and_Guidance_
                                             Division, but during this transition                                                                          certification office, send it to the attention of
                                                                                                     Library/rgSTC.nsf/0/38b606833bbd98b
                                             period, the Executive Director has                      386257faa00602538/$FILE/ST01518SE.pdf)                the person identified in paragraph (j) of this
                                             delegated the authority to issue ADs                                                                          AD. Information may be emailed to: 9-ANM-
                                                                                                     does not affect the ability to accomplish the
                                             applicable to transport category                                                                              LAACO-AMOC-Requests@faa.gov.
                                                                                                     actions required by this AD. Therefore, for              (2) Before using any approved AMOC,
                                             airplanes to the Director of the System                 airplanes on which STC ST01518SE is                   notify your appropriate principal inspector,
                                             Oversight Division.                                     installed, a ‘‘change in product’’ alternative        or lacking a principal inspector, the manager
                                                                                                     method of compliance (AMOC) approval                  of the local flight standards district office/
                                             Regulatory Findings
                                                                                                     request is not necessary to comply with the           certificate holding district office.
                                               This AD will not have federalism                      requirements of 14 CFR 39.17.                            (3) An AMOC that provides an acceptable
                                             implications under Executive Order                                                                            level of safety may be used for any repair,
                                                                                                     (d) Subject
                                             13132. This AD will not have a                                                                                modification, or alteration required by this
                                             substantial direct effect on the States, on              Air Transport Association (ATA) of                   AD if it is approved by the Boeing
                                             the relationship between the national                   America Code 53, Fuselage.                            Commercial Airplanes Organization
                                             government and the States, or on the                                                                          Designation Authorization (ODA) that has
                                                                                                     (e) Unsafe Condition
                                                                                                                                                           been authorized by the Manager, Los Angeles
                                             distribution of power and                                  This AD was prompted by reports of scribe          ACO Branch, to make those findings. To be
                                             responsibilities among the various                      line damage on fuselage skin, caused by               approved, the repair method, modification
                                             levels of government.                                   sharp tools used during fuselage                      deviation, or alteration deviation must meet
                                               For the reasons discussed above, I                    maintenance. We are issuing this AD to                the certification basis of the airplane, and the
                                             certify that this AD:                                   detect and correct scribe line damage. Failure        approval must specifically refer to this AD.
                                               (1) Is not a ‘‘significant regulatory                 to detect and completely remove scribe lines             (4) Except as required by paragraph (h)(2)
                                             action’’ under Executive Order 12866,                   may lead to fatigue cracking, rapid                   of this AD: For service information that
                                               (2) Is not a ‘‘significant rule’’ under               decompression, and inability of the principal         contains steps that are labeled as RC, the
                                             DOT Regulatory Policies and Procedures                  structural element to sustain limit load.             provisions of paragraphs (i)(4)(i) and (i)(4)(ii)
                                                                                                                                                           of this AD apply.
                                             (44 FR 11034, February 26, 1979),                                                                                (i) The steps labeled as RC, including
                                                                                                     (f) Compliance
                                               (3) Will not affect intrastate aviation                                                                     substeps under an RC step and any figures
                                             in Alaska, and                                            Comply with this AD within the
                                                                                                                                                           identified in an RC step, must be done to
                                               (4) Will not have a significant                       compliance times specified, unless already
                                                                                                                                                           comply with the AD. If a step or substep is
                                             economic impact, positive or negative,                  done.
                                                                                                                                                           labeled ‘‘RC Exempt,’’ then the RC
                                             on a substantial number of small entities               (g) Required Actions                                  requirement is removed from that step or
                                             under the criteria of the Regulatory                                                                          substep. An AMOC is required for any
                                                                                                       Except as provided by paragraph (h) of this         deviations to RC steps, including substeps
                                             Flexibility Act.                                        AD: At the applicable times specified in              and identified figures.
                                             List of Subjects in 14 CFR Part 39                      paragraph 1.E., ‘‘Compliance,’’ of Boeing                (ii) Steps not labeled as RC may be
                                                                                                     Alert Service Bulletin 757–53A0107, dated             deviated from using accepted methods in
                                               Air transportation, Aircraft, Aviation                July 20, 2017, do all applicable actions              accordance with the operator’s maintenance
                                             safety, Incorporation by reference,                     identified as ‘‘RC’’ (required for compliance)        or inspection program without obtaining
                                             Safety.                                                 in, and in accordance with, the                       approval of an AMOC, provided the RC steps,
                                                                                                     Accomplishment Instructions of Boeing Alert           including substeps and identified figures, can
                                             Adoption of the Amendment
                                                                                                     Service Bulletin 757–53A0107, dated July 20,          still be done as specified, and the airplane
                                               Accordingly, under the authority                      2017.                                                 can be put back in an airworthy condition.
                                             delegated to me by the Administrator,
                                                                                                     (h) Exceptions to Service Information                 (j) Related Information
                                             the FAA amends 14 CFR part 39 as                        Specifications
                                             follows:                                                                                                         For more information about this AD,
                                                                                                       (1) For purposes of determining                     contact David Truong, Aerospace Engineer,
                                             PART 39—AIRWORTHINESS                                   compliance with the requirements of this AD,          Airframe Section, FAA, Los Angeles ACO
                                                                                                     the phrase ‘‘the effective date of this AD’’          Branch, 3960 Paramount Boulevard,
                                             DIRECTIVES                                                                                                    Lakewood, CA 90712–4137; phone: 562–627–
                                                                                                     may be substituted for ‘‘the original issue
                                             ■ 1. The authority citation for part 39                 date of this service bulletin,’’ as specified in      5224; fax: 562–627–5210; email:
                                                                                                     Boeing Alert Service Bulletin 757–53A0107,            david.truong@faa.gov.
                                             continues to read as follows:
                                                                                                     dated July 20, 2017.                                  (k) Material Incorporated by Reference
                                                 Authority: 49 U.S.C. 106(g), 40113, 44701.            (2) Where Boeing Alert Service Bulletin                (1) The Director of the Federal Register
                                             § 39.13   [Amended]                                     757–53A0107, dated July 20, 2017, specifies           approved the incorporation by reference
                                                                                                     contacting Boeing, and specifies that action          (IBR) of the service information listed in this
                                             ■ 2. The FAA amends § 39.13 by adding                   as RC: This AD requires repair using a                paragraph under 5 U.S.C. 552(a) and 1 CFR
                                             the following new airworthiness                         method approved in accordance with the                part 51.
                                             directive (AD):                                         procedures specified in paragraph (i) of this            (2) You must use this service information
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                                             2018–03–10 The Boeing Company:                          AD.                                                   as applicable to do the actions required by
                                                 Amendment 39–19183; Docket No.                        (3) For purposes of determining                     this AD, unless the AD specifies otherwise.
                                                 FAA–2017–0901; Product Identifier                   compliance with the requirements of this AD,             (i) Boeing Alert Service Bulletin 757–
                                                 2017–NM–106–AD.                                     the phrase ‘‘FAA-approved repair’’ may be             53A0107, dated July 20, 2017.
                                                                                                     substituted for ‘‘approved repair,’’ as                  (ii) Reserved.
                                             (a) Effective Date                                      specified in Boeing Alert Service Bulletin               (3) For service information identified in
                                               This AD is effective March 19, 2018.                  757–53A0107, dated July 20, 2017.                     this AD, contact Boeing Commercial



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                                                              Federal Register / Vol. 83, No. 29 / Monday, February 12, 2018 / Rules and Regulations                                                       5915

                                             Airplanes, Attention: Contractual & Data                revisions to the Arkansas State                          Regional Haze FIP) addressing the
                                             Services (C&DS), 2600 Westminster Blvd.,                Implementation Plan (SIP) submitted by                   disapproved portions of the 2008
                                             MC 110–SK57, Seal Beach, CA 90740–5600;                 the State of Arkansas through the                        Arkansas Regional Haze SIP.2 Among
                                             telephone 562–797–1717; internet https://               Arkansas Department of Environmental                     other things, the FIP established NOX
                                             www.myboeingfleet.com.
                                                (4) You may view this service information
                                                                                                     Quality (ADEQ) on October 31, 2017,                      emission limits under the BART
                                             at the FAA, Transport Standards Branch,                 that address NOX requirements for the                    requirements for Bailey Unit 1;
                                             1601 Lind Avenue SW, Renton, WA. For                    nine aforementioned units.                               McClellan Unit 1; Flint Creek Boiler No.
                                             information on the availability of this                 DATES: This final rule will be effective                 1; Lake Catherine Unit 4; and White
                                             material at the FAA, call 425–227–1221.                 March 14, 2018.                                          Bluff Units 1 and 2 and the Auxiliary
                                                (5) You may view this service information            ADDRESSES: The EPA has established a                     Boiler. The FIP also established NOX
                                             that is incorporated by reference at the                docket for this action under Docket No.                  emission limits under the reasonable
                                             National Archives and Records                                                                                    progress requirements for Independence
                                                                                                     EPA–R06–OAR–2015–0189. All
                                             Administration (NARA). For information on                                                                        Units 1 and 2.
                                             the availability of this material at NARA, call         documents in the dockets are listed on
                                                                                                     the http://www.regulations.gov website.                     In response to petitions submitted by
                                             202–741–6030, or go to: http://
                                                                                                     Although listed in the index, some                       the State of Arkansas and industry
                                             www.archives.gov/federal-register/cfr/ibr-
                                             locations.html.                                         information is not publicly available,                   parties seeking reconsideration and an
                                                                                                     e.g., Confidential Business Information                  administrative stay of the final Arkansas
                                               Issued in Renton, Washington, on January                                                                       Regional Haze FIP,3 in a letter dated
                                             26, 2018.                                               or other information whose disclosure is
                                                                                                     restricted by statute. Certain other                     April 14, 2017, we announced the
                                             Michael Kaszycki,                                                                                                convening of a proceeding to reconsider
                                                                                                     material, such as copyrighted material,
                                             Acting Director, System Oversight Division,                                                                      several elements of the FIP, including
                                             Aircraft Certification Service.
                                                                                                     is not placed on the internet and will be
                                                                                                     publicly available only in hard copy                     the appropriate compliance dates for the
                                             [FR Doc. 2018–02358 Filed 2–9–18; 8:45 am]                                                                       NOX emission limits for Flint Creek
                                                                                                     form. Publicly available docket
                                             BILLING CODE 4910–13–P
                                                                                                     materials are available either                           Unit 1, White Bluff Units 1 and 2, and
                                                                                                     electronically through http://                           Independence Units 1 and 2.4 EPA also
                                                                                                     www.regulations.gov or in hard copy at                   published a document in the Federal
                                             ENVIRONMENTAL PROTECTION                                the EPA Region 6, 1445 Ross Avenue,                      Register on April 25, 2017,
                                             AGENCY                                                  Suite 700, Dallas, Texas 75202–2733.                     administratively staying the
                                                                                                     FOR FURTHER INFORMATION CONTACT:                         effectiveness of the 18-month NOX
                                             40 CFR Part 52                                                                                                   compliance dates in the FIP for these
                                                                                                     Dayana Medina, (214) 665–7241;
                                             [EPA–R06–OAR–2015–0189; FRL–9973–61–                    medina.dayana@epa.gov.                                   units for a period of 90 days.5 On July
                                             OAR]                                                    SUPPLEMENTARY INFORMATION:
                                                                                                                                                              13, 2017, the EPA published a proposed
                                                                                                     Throughout this document wherever                        rule that would extend the FIP’s NOX
                                             Approval and Promulgation of Air                                                                                 compliance dates for Flint Creek Unit 1,
                                                                                                     ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
                                             Quality Implementation Plans; State of                                                                           White Bluff Units 1 and 2, and
                                                                                                     the EPA.
                                             Arkansas; Regional Haze and                                                                                      Independence Units 1 and 2, by 21
                                             Interstate Visibility Transport Federal                 Table of Contents                                        months to January 27, 2020.6 7
                                             Implementation Plan Revisions;                          I. What is the background for this action?                  On July 12, 2017, Arkansas submitted
                                             Withdrawal of Federal Implementation                    II. What final action is EPA taking?                     a proposed SIP revision with a request
                                             Plan for NOX for Electric Generating                    III. Responses to Comments Received                      for parallel processing, addressing the
                                             Units in Arkansas                                       IV. Statutory and Executive Order Reviews                NOX requirements for Bailey Unit 1,
                                                                                                     I. What is the background for this                       McClellan Unit 1, Flint Creek Boiler No.
                                             AGENCY:  Environmental Protection                                                                                1, Lake Catherine Unit 4, White Bluff
                                             Agency (EPA).                                           action?
                                                                                                                                                              Units 1 and 2 and the Auxiliary Boiler,
                                             ACTION: Final rule.                                        Arkansas submitted a SIP revision on                  and Independence Units 1 and 2
                                                                                                     September 9, 2008, to address the first                  (Arkansas Regional Haze NOX SIP
                                             SUMMARY:   The Environmental Protection                 regional haze implementation period.
                                             Agency (EPA) is amending a Federal                      On August 3, 2010, Arkansas submitted                      2 81 FR 66332; see also 81 FR 68319 (October 4,
                                             Implementation Plan (FIP) that                          a SIP revision with non-substantive                      2016) (correction).
                                             addresses regional haze for the first                   revisions to the Arkansas Pollution                        3 See the docket associated with this proposed

                                             planning period for Arkansas that was                   Control and Ecology Commission                           rulemaking for a copy of the petitions for
                                             published in the Federal Register on                                                                             reconsideration and administrative stay submitted
                                                                                                     (APCEC) Regulation 19, Chapter 15; this                  by the State of Arkansas; Entergy Arkansas Inc.,
                                             September 27, 2016, as it applies to the                Chapter identified the BART-eligible                     Entergy Mississippi Inc., and Entergy Power LLC
                                             nitrogen oxide (NOX) requirements for                   and subject-to-BART sources in                           (collectively ‘‘Entergy’’); AECC; and the Energy and
                                             the Arkansas Electric Cooperative                       Arkansas and established the BART                        Environmental Alliance of Arkansas (EEAA).
                                             Corporation (AECC) Bailey Plant Unit 1;                 emission limits for subject-to-BART
                                                                                                                                                                4 Letter from E. Scott Pruitt, Administrator, EPA,

                                             AECC McClellan Plant Unit 1; the                                                                                 to Nicholas Jacob Bronni & Jamie Leigh Ewing,
                                                                                                     sources. On September 27, 2011, the                      Arkansas Attorney General’s Office, (April 14,
                                             American Electric Power/Southwestern                    State submitted supplemental                             2017). A copy of this letter is included in the
                                             Electric Power Company (AEP/                            information to address the regional haze                 docket, https://www.regulations.gov/
                                             SWEPCO) Flint Creek Plant Boiler No.                    requirements. We are hereafter referring                 document?D=EPA-R06-OAR-2015-0189-0240.
                                                                                                                                                                5 82 FR 18994.
                                             1; Entergy Arkansas, Inc. (Entergy) Lake                to these regional haze submittals                          6 82 FR 32284.
                                             Catherine Plant Unit 4; Entergy White                   collectively as the ‘‘2008 Arkansas                        7 EPA has not finalized the July 13, 2017
                                             Bluff Plant Units 1 and 2 and the
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                                                                                                     Regional Haze SIP.’’ On March 12, 2012,                  proposed rule. The separate final action approving
                                             Auxiliary Boiler; and Entergy                           we partially approved and partially                      the Arkansas Regional Haze NOX SIP revision
                                             Independence Plant Units 1 and 2. We                    disapproved the 2008 Arkansas                            together with this final action EPA is taking to
                                             are removing these FIP requirements                     Regional Haze SIP.1 On September 27,                     withdraw the source-specific NOX emission limits
                                                                                                                                                              for the nine EGUs in the Arkansas Regional Haze
                                             because in a separate action being                      2016, we published a FIP (the Arkansas                   FIP, make it unnecessary to finalize our July 13,
                                             published in this Federal Register, we                                                                           2017 proposed rule to revise the NOX compliance
                                             are taking final action to approve                        1 77   FR 14604.                                       dates in the Arkansas Regional Haze FIP.



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Document Created: 2018-11-01 08:42:25
Document Modified: 2018-11-01 08:42:25
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 March 19, 2018.
ContactDavid Truong, Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5224; fax: 562-627- 5210; email: [email protected]
FR Citation83 FR 5912 
RIN Number2120-AA64
CFR AssociatedAir Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety

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