Airworthiness Directives; The Boeing Company Airplanes, 57343-57346 [2017-26040]

Download as PDF Federal Register / Vol. 82, No. 232 / Tuesday, December 5, 2017 / Rules and Regulations 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 International Branch, send it to the attention of the person identified in paragraph (k)(2) of this AD. Information may be emailed to: 9-ANM-116AMOC-REQUESTS@faa.gov. 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. (2) Contacting the Manufacturer: For any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, International Section, Transport Standards Branch, FAA; or the European Aviation Safety Agency (EASA); or Airbus’s EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOAauthorized signature. (3) Required for Compliance (RC): If any service information contains procedures or tests that are identified as RC, those procedures and tests must be done to comply with this AD; any procedures or tests that are not identified as RC are recommended. Those procedures and tests that are not identified 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 procedures and tests identified as RC can be done and the airplane can be put back in an airworthy condition. Any substitutions or changes to procedures or tests identified as RC require approval of an AMOC. sradovich on DSK3GMQ082PROD with RULES (k) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA AD 2016–0222, dated November 7, 2016, for related information. This MCAI may be found in the AD docket on the Internet at https://www.regulations.gov by searching for and locating Docket No. FAA–2017–0709. (2) For more information about this AD, contact Sanjay Ralhan, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 1601 Lind Avenue SW., Renton, WA 98057–3356; telephone 425– 227–1405; fax 425–227–1149. (3) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (l)(3) and (l)(4) of this AD. (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 this AD specifies otherwise. (i) Airbus Service Bulletin A320–57–1205, dated May 26, 2016. (ii) Airbus Service Bulletin A320–57–1207, including Appendix 01 and Appendix 02, dated May 26, 2016. VerDate Sep<11>2014 17:53 Dec 04, 2017 Jkt 244001 (3) For service information identified in this AD, contact Airbus, Airworthiness Office—EIAS, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email account.airworth-eas@ airbus.com; Internet https://www.airbus.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: https:// www.archives.gov/federal-register/cfr/ibrlocations.html. Issued in Renton, Washington, on November 22, 2017. Jeffrey E. Duven, Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2017–26037 Filed 12–4–17; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2017–0340; Product Identifier 2017–NM–002–AD; Amendment 39–19114; AD 2017–24–10] RIN 2120–AA64 Airworthiness Directives; The Boeing Company Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 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 https://www.regulations.gov by searching for and locating Docket No. FAA–2017– 0340. Examining the AD Docket You may examine the AD docket on the Internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2017– 0340; 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 Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Muoi Vuong, Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712–4137; phone: 562–627–5205; fax: 562–627– 5210; email: Muoi.Vuong@faa.gov. SUPPLEMENTARY INFORMATION: We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 757–200, –200PF, and –300 series airplanes. This AD was prompted by reports of cracking found at a certain fuselage frame inner chord. This AD requires repetitive inspections for any cracking of a certain fuselage frame inner chord; identification of the material of a certain fuselage frame inner chord for certain airplanes; and applicable corrective actions. We are issuing this AD to address the unsafe condition on these products. DATES: This AD is effective January 9, 2018. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of January 9, 2018. ADDRESSES: For service information identified in this final rule, contact Boeing Commercial Airplanes, SUMMARY: 57343 Discussion We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain The Boeing Company Model 757–200, –200PF, and –300 series airplanes. The NPRM published in the Federal Register on May 19, 2017 (82 FR 22915). The NPRM was prompted by reports of cracking found at a certain fuselage frame inner chord. The NPRM proposed to require repetitive inspections for any cracking of a certain fuselage frame inner chord, identification of the material of a certain fuselage frame inner chord for certain airplanes, and applicable corrective actions. We are issuing this AD to detect and correct such cracks, which could result in the cargo door opening during flight, and result in rapid decompression of the airplane and the inability to sustain loads required for continued safe flight and landing. E:\FR\FM\05DER1.SGM 05DER1 57344 Federal Register / Vol. 82, No. 232 / Tuesday, December 5, 2017 / Rules and Regulations 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. FedEx and United Airlines supported the NPRM. 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 (82 FR 22915, May 19, 2017) as paragraph (c)(1) of this AD 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. Request for Credit for Previous Actions Accomplished Boeing requested credit for previous accomplishment of the inspections in the NPRM. Boeing stated that Boeing Alert Service Bulletin 757–53A0101, dated November 8, 2016 (referenced in the NPRM as the appropriate source of service information), was published on November 8, 2016. Boeing commented that the effective date of the AD could be more than 7 months later than publication date of the service information. Boeing stated that it is likely that some Model 757 operators have already accomplished the inspections in accordance with the service information by the time the AD takes effect; therefore, the AD should provide credit for those inspections. We acknowledge the commenter’s request and agree to clarify. Paragraph (f) of this AD states to accomplish the actions within the compliance times specified, unless those actions are already done. Therefore, if operators have accomplished the inspections in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 757–53A0101, dated November 8, 2016, before the effective date of this AD, no further action is necessary. We have not revised this AD in this regard. Request To Include Repair Information and Inspection Instructions Delta Airlines (DAL) stated that it has concerns that the Accomplishment Instructions provided in Boeing Alert Service Bulletin 757–53A0101, dated November 8, 2016, do not include the corrective action. DAL commented that it will likely accomplish the inspections during 10-day maintenance visit checks, which would not be sufficient time for repair development if a crack is found. DAL also commented that operators would benefit from having corrective actions provided in the service information. DAL stated that Boeing Alert Service Bulletin 757–53A0101, dated November 8, 2016, requires operators to repetitively inspect the inner chord, and the service information does not provide an option for an inspection should there be a previously installed FAA-approved repair. DAL commented that a previous repair of the frame has the potential to inhibit the ability to accomplish the inspection. DAL also commented that this leaves operators unable to accomplish the inspection as specified in Boeing Alert Service Bulletin 757– 53A0101, dated November 8, 2016, and will require additional instruction as an AMOC. We infer that DAL is requesting to delay issuance of the final rule until a revision of the service information includes repair data and alternative inspection instructions for previously accomplished repairs. We disagree with the commenter’s request. Including the repair data would delay issuance of this AD. Unique repair configurations may be necessary depending on the cracking that is detected. It is not possible to address each individual repair configuration in one AD. The various repair configurations and locations are unknown and therefore cannot be addressed at this time. Therefore, if cracking is found, it must be repaired before further flight using the corrective actions specified in Boeing Alert Service Bulletin 757–53A0101, dated November 8, 2016, or in accordance with paragraph (i)(2) of this AD. For previously approved repairs that prevent accomplishment of the inspections required by this AD, operators may request approval of an AMOC using the procedures in paragraph (j) of this AD. We have not revised this AD in this regard. 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 757–53A0101, dated November 8, 2016. The service information describes procedures for repetitive surface high frequency eddy current (HFEC) inspections for any cracking of the fuselage station (STA) 1380 frame inner chord; an identification of the material (an inspection or measurement) of the fuselage STA 1380 frame inner chord; and applicable corrective actions. 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 588 airplanes of U.S. registry. We estimate the following costs to comply with this AD: sradovich on DSK3GMQ082PROD with RULES ESTIMATED COSTS Action Labor cost Surface HFEC inspection. Identify the material ....... 5 work-hours × $85 per hour = $425 per inspection cycle. Up to 2 work-hours × $85 per hour = $170 ....... VerDate Sep<11>2014 17:53 Dec 04, 2017 Jkt 244001 PO 00000 Frm 00014 Cost per product Parts cost Fmt 4700 Sfmt 4700 $0 0 Cost on U.S. operators $425 per inspection cycle. Up to $170 ................... $249,900 per inspection cycle. Up to $99,960. E:\FR\FM\05DER1.SGM 05DER1 Federal Register / Vol. 82, No. 232 / Tuesday, December 5, 2017 / Rules and Regulations We have received no definitive data that would enable us to provide cost estimates for the on-condition actions specified in this AD. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Authority for This Rulemaking Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: 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. 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. sradovich on DSK3GMQ082PROD with RULES 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. VerDate Sep<11>2014 17:53 Dec 04, 2017 Jkt 244001 PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): ■ 2017–24–10 The Boeing Company: Amendment 39–19114; Docket No. FAA–2017–0340; Product Identifier 2017–NM–002–AD. (a) Effective Date This AD is effective January 9, 2018. (b) Affected ADs None. (c) Applicability (1) This AD applies to The Boeing Company Model 757–200, –200PF, and –300 series airplanes, certificated in any category, as identified in Boeing Alert Service Bulletin 757–53A0101, dated November 8, 2016. (2) Installation of Supplemental Type Certificate (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. (d) Subject Air Transport Association (ATA) of America Code 53, Fuselage. 57345 ‘‘Compliance,’’ of Boeing Alert Service Bulletin 757–53A0101, dated November 8, 2016; except as specified in paragraph (i)(1) of this AD, do a surface high frequency eddy current (HFEC) inspection for any cracking of the fuselage STA 1380 frame inner chord, and do all applicable corrective actions, in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 757–53A0101, dated November 8, 2016; except as specified in paragraph (i)(2) of this AD. Do all applicable corrective actions before further flight. Repeat the surface HFEC inspection, thereafter, at the times specified in paragraph 1.E., ‘‘Compliance,’’ of Boeing Alert Service Bulletin 757–53A0101, dated November 8, 2016. (h) Inspection for Group 2 Airplanes For Group 2 airplanes as identified in Boeing Alert Service Bulletin 757–53A0101, dated November 8, 2016: At the applicable time specified in paragraph 1.E., ‘‘Compliance,’’ of Boeing Alert Service Bulletin 757–53A0101, dated November 8, 2016, except as specified in paragraph (i)(1) of this AD, identify the material of the fuselage STA 1380 frame inner chord, in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 757–53A0101, dated November 8, 2016. (1) If the fuselage STA 1380 frame inner chord material 2024–T42 aluminum alloy is found during any identification required by paragraph (h) of this AD: No further action is required by this AD for that airplane. (2) If the fuselage STA 1380 frame inner chord material 7075–T73 aluminum alloy is found during any identification required by the introductory text of paragraph (h) of this AD: Before further flight, do a surface HFEC inspection for any cracking of the fuselage STA 1380 frame inner chord, and do all applicable corrective actions, in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 757–53A0101, dated November 8, 2016; except as specified in paragraph (i)(2) of this AD. Do all applicable corrective actions before further flight. Repeat the surface HFEC inspection thereafter at the times specified in paragraph 1.E., ‘‘Compliance,’’ of Boeing Alert Service Bulletin 757–53A0101, dated November 8, 2016. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (i) Exceptions to the Service Information (1) Where Boeing Alert Service Bulletin 757–53A0101, dated November 8, 2016, 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. (2) Where Boeing Alert Service Bulletin 757–53A0101, dated November 8, 2016, specifies to contact Boeing for appropriate action and identifies that action as ‘‘RC’’ (Required for Compliance): Before further flight, repair the crack using a method approved in accordance with the procedures specified in paragraph (j) of this AD. (g) Inspection for Group 1 Airplanes For Group 1 airplanes as identified in Boeing Alert Service Bulletin 757–53A0101, dated November 8, 2016: At the applicable time specified in paragraph 1.E., (j) 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 (e) Unsafe Condition This AD was prompted by reports of cracking found at the fuselage station (STA) 1380 frame inner chord. We are issuing this AD to detect and correct such cracks, which could result in the cargo door opening during flight, and result in rapid decompression of the airplane and the inability to sustain loads required for continued safe flight and landing. PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\05DER1.SGM 05DER1 57346 Federal Register / Vol. 82, No. 232 / Tuesday, December 5, 2017 / Rules and Regulations 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: 9-ANMLAACO-AMOC-Requests@faa.gov. (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, 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 (i)(2) of this AD: For service information that contains steps that are labeled as 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. 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. sradovich on DSK3GMQ082PROD with RULES (k) Related Information For more information about this AD, contact Muoi Vuong, Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO, 3960 Paramount Boulevard, Lakewood, CA 90712–4137; phone: 562–627–5205; fax: 562– 627–5210; email: Muoi.Vuong@faa.gov. (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– 53A0101, dated November 8, 2016. (ii) Reserved. (3) For Boeing service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110–SK57, Seal Beach, CA 90740–5600; telephone 562–797– 1717; Internet https:// www.myboeingfleet.com. VerDate Sep<11>2014 17:53 Dec 04, 2017 Jkt 244001 (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: https:// www.archives.gov/federal-register/cfr/ibrlocations.html. Issued in Renton, Washington, on November 22, 2017. Jeffrey E. Duven, Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2017–26040 Filed 12–4–17; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection DEPARTMENT OF THE TREASURY 19 CFR Part 12 [CBP Dec. 17–19] RIN 1515–AE34 Emergency Import Restrictions Imposed on Archaeological and Ethnological Materials From Libya U.S. Customs and Border Protection, Department of Homeland Security; Department of the Treasury. ACTION: Final rule. AGENCY: This document amends the U.S. Customs and Border Protection (CBP) regulations to reflect the imposition of emergency import restrictions on certain archaeological and ethnological materials from Libya. The Acting Under Secretary for Public Diplomacy and Public Affairs, United States Department of State, has determined that conditions warrant the imposition of emergency import restrictions on categories of archaeological and ethnological materials from Libya, which represent the cultural heritage of Libya. This document contains the Designated List of Archaeological and Ethnological Material of Libya that describes the types of objects or categories of archaeological or ethnological material to which the import restrictions apply. The emergency import restrictions imposed on certain archaeological and ethnological materials from Libya will be in effect for a five-year period. These restrictions are being imposed pursuant to determinations of the United States SUMMARY: PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 Department of State made under the terms of the Convention on Cultural Property Implementation Act, which implements the 1970 United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. DATES: Effective on December 5, 2017. FOR FURTHER INFORMATION CONTACT: For regulatory aspects, Lisa L. Burley, Chief, Cargo Security, Carriers and Restricted Merchandise Branch, Regulations and Rulings, Office of Trade, (202) 325– 0030, ot-otrrculturalproperty@ cbp.dhs.gov. For operational aspects, William R. Scopa, Branch Chief, Partner Government Agencies Branch, Trade Policy and Programs, Office of Trade, (202) 863–6554, William.R.Scopa@ cbp.dhs.gov. SUPPLEMENTARY INFORMATION: Background The value of cultural property, whether archaeological or ethnological in nature, is immeasurable. Such items often constitute the very essence of a society and convey important information concerning a people’s origin, history, and traditional setting. The importance and popularity of such items regrettably makes them targets of theft, encourages clandestine looting of archaeological sites, and results in their illegal export and import. The United States shares in the international concern for the need to protect endangered cultural property. The appearance in the United States of stolen or illegally exported artifacts from other countries where there has been pillage has, on occasion, strained our foreign and cultural relations. This situation, combined with the concerns of museum, archaeological, and scholarly communities, was recognized by the President and Congress. It became apparent that it was in the national interest for the United States to join with other countries to control illegal trafficking of such articles in international commerce. The United States joined international efforts and actively participated in deliberations resulting in the 1970 United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (hereinafter, ‘‘1970 UNESCO Convention’’ or ‘‘the Convention’’ (823 U.N.T.S. 231 (1972))). The United States implemented the Convention in U.S. law through the Convention on Cultural Property Implementation Act (hereafter, E:\FR\FM\05DER1.SGM 05DER1

Agencies

[Federal Register Volume 82, Number 232 (Tuesday, December 5, 2017)]
[Rules and Regulations]
[Pages 57343-57346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26040]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0340; Product Identifier 2017-NM-002-AD; Amendment 
39-19114; AD 2017-24-10]
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 certain 
The Boeing Company Model 757-200, -200PF, and -300 series airplanes. 
This AD was prompted by reports of cracking found at a certain fuselage 
frame inner chord. This AD requires repetitive inspections for any 
cracking of a certain fuselage frame inner chord; identification of the 
material of a certain fuselage frame inner chord for certain airplanes; 
and applicable corrective actions. We are issuing this AD to address 
the unsafe condition on these products.

DATES: This AD is effective January 9, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of January 9, 
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 https://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0340.

Examining the AD Docket

    You may examine the AD docket on the Internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0340; 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 Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Muoi Vuong, Aerospace Engineer, 
Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount 
Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5205; fax: 562-627-
5210; email: Muoi.Vuong@faa.gov.

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 certain The Boeing Company 
Model 757-200, -200PF, and -300 series airplanes. The NPRM published in 
the Federal Register on May 19, 2017 (82 FR 22915). The NPRM was 
prompted by reports of cracking found at a certain fuselage frame inner 
chord. The NPRM proposed to require repetitive inspections for any 
cracking of a certain fuselage frame inner chord, identification of the 
material of a certain fuselage frame inner chord for certain airplanes, 
and applicable corrective actions. We are issuing this AD to detect and 
correct such cracks, which could result in the cargo door opening 
during flight, and result in rapid decompression of the airplane and 
the inability to sustain loads required for continued safe flight and 
landing.

[[Page 57344]]

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. FedEx and United Airlines 
supported the NPRM.

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 (82 FR 22915, May 19, 2017) as paragraph (c)(1) of this 
AD 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.

Request for Credit for Previous Actions Accomplished

    Boeing requested credit for previous accomplishment of the 
inspections in the NPRM. Boeing stated that Boeing Alert Service 
Bulletin 757-53A0101, dated November 8, 2016 (referenced in the NPRM as 
the appropriate source of service information), was published on 
November 8, 2016. Boeing commented that the effective date of the AD 
could be more than 7 months later than publication date of the service 
information. Boeing stated that it is likely that some Model 757 
operators have already accomplished the inspections in accordance with 
the service information by the time the AD takes effect; therefore, the 
AD should provide credit for those inspections.
    We acknowledge the commenter's request and agree to clarify. 
Paragraph (f) of this AD states to accomplish the actions within the 
compliance times specified, unless those actions are already done. 
Therefore, if operators have accomplished the inspections in accordance 
with the Accomplishment Instructions of Boeing Alert Service Bulletin 
757-53A0101, dated November 8, 2016, before the effective date of this 
AD, no further action is necessary. We have not revised this AD in this 
regard.

Request To Include Repair Information and Inspection Instructions

    Delta Airlines (DAL) stated that it has concerns that the 
Accomplishment Instructions provided in Boeing Alert Service Bulletin 
757-53A0101, dated November 8, 2016, do not include the corrective 
action. DAL commented that it will likely accomplish the inspections 
during 10-day maintenance visit checks, which would not be sufficient 
time for repair development if a crack is found. DAL also commented 
that operators would benefit from having corrective actions provided in 
the service information.
    DAL stated that Boeing Alert Service Bulletin 757-53A0101, dated 
November 8, 2016, requires operators to repetitively inspect the inner 
chord, and the service information does not provide an option for an 
inspection should there be a previously installed FAA-approved repair. 
DAL commented that a previous repair of the frame has the potential to 
inhibit the ability to accomplish the inspection. DAL also commented 
that this leaves operators unable to accomplish the inspection as 
specified in Boeing Alert Service Bulletin 757-53A0101, dated November 
8, 2016, and will require additional instruction as an AMOC.
    We infer that DAL is requesting to delay issuance of the final rule 
until a revision of the service information includes repair data and 
alternative inspection instructions for previously accomplished 
repairs.
    We disagree with the commenter's request. Including the repair data 
would delay issuance of this AD. Unique repair configurations may be 
necessary depending on the cracking that is detected. It is not 
possible to address each individual repair configuration in one AD. The 
various repair configurations and locations are unknown and therefore 
cannot be addressed at this time. Therefore, if cracking is found, it 
must be repaired before further flight using the corrective actions 
specified in Boeing Alert Service Bulletin 757-53A0101, dated November 
8, 2016, or in accordance with paragraph (i)(2) of this AD. For 
previously approved repairs that prevent accomplishment of the 
inspections required by this AD, operators may request approval of an 
AMOC using the procedures in paragraph (j) of this AD. We have not 
revised this AD in this regard.

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 757-53A0101, dated 
November 8, 2016. The service information describes procedures for 
repetitive surface high frequency eddy current (HFEC) inspections for 
any cracking of the fuselage station (STA) 1380 frame inner chord; an 
identification of the material (an inspection or measurement) of the 
fuselage STA 1380 frame inner chord; and applicable corrective actions. 
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 588 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
----------------------------------------------------------------------------------------------------------------
Surface HFEC inspection........  5 work-hours x $85 per               $0  $425 per            $249,900 per
                                  hour = $425 per                          inspection cycle.   inspection cycle.
                                  inspection cycle.
Identify the material..........  Up to 2 work-hours x                  0  Up to $170........  Up to $99,960.
                                  $85 per hour = $170.
----------------------------------------------------------------------------------------------------------------


[[Page 57345]]

    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.
    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):

2017-24-10 The Boeing Company: Amendment 39-19114; Docket No. FAA-
2017-0340; Product Identifier 2017-NM-002-AD.

(a) Effective Date

    This AD is effective January 9, 2018.

 (b) Affected ADs

    None.

 (c) Applicability

    (1) This AD applies to The Boeing Company Model 757-200, -200PF, 
and -300 series airplanes, certificated in any category, as 
identified in Boeing Alert Service Bulletin 757-53A0101, dated 
November 8, 2016.
    (2) Installation of Supplemental Type Certificate (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.

 (d) Subject

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

 (e) Unsafe Condition

    This AD was prompted by reports of cracking found at the 
fuselage station (STA) 1380 frame inner chord. We are issuing this 
AD to detect and correct such cracks, which could result in the 
cargo door opening during flight, and result in rapid decompression 
of the airplane and the inability to sustain loads required for 
continued safe flight and landing.

 (f) Compliance

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

 (g) Inspection for Group 1 Airplanes

    For Group 1 airplanes as identified in Boeing Alert Service 
Bulletin 757-53A0101, dated November 8, 2016: At the applicable time 
specified in paragraph 1.E., ``Compliance,'' of Boeing Alert Service 
Bulletin 757-53A0101, dated November 8, 2016; except as specified in 
paragraph (i)(1) of this AD, do a surface high frequency eddy 
current (HFEC) inspection for any cracking of the fuselage STA 1380 
frame inner chord, and do all applicable corrective actions, in 
accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin 757-53A0101, dated November 8, 2016; except as 
specified in paragraph (i)(2) of this AD. Do all applicable 
corrective actions before further flight. Repeat the surface HFEC 
inspection, thereafter, at the times specified in paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin 757-53A0101, dated 
November 8, 2016.

 (h) Inspection for Group 2 Airplanes

    For Group 2 airplanes as identified in Boeing Alert Service 
Bulletin 757-53A0101, dated November 8, 2016: At the applicable time 
specified in paragraph 1.E., ``Compliance,'' of Boeing Alert Service 
Bulletin 757-53A0101, dated November 8, 2016, except as specified in 
paragraph (i)(1) of this AD, identify the material of the fuselage 
STA 1380 frame inner chord, in accordance with the Accomplishment 
Instructions of Boeing Alert Service Bulletin 757-53A0101, dated 
November 8, 2016.
    (1) If the fuselage STA 1380 frame inner chord material 2024-T42 
aluminum alloy is found during any identification required by 
paragraph (h) of this AD: No further action is required by this AD 
for that airplane.
    (2) If the fuselage STA 1380 frame inner chord material 7075-T73 
aluminum alloy is found during any identification required by the 
introductory text of paragraph (h) of this AD: Before further 
flight, do a surface HFEC inspection for any cracking of the 
fuselage STA 1380 frame inner chord, and do all applicable 
corrective actions, in accordance with the Accomplishment 
Instructions of Boeing Alert Service Bulletin 757-53A0101, dated 
November 8, 2016; except as specified in paragraph (i)(2) of this 
AD. Do all applicable corrective actions before further flight. 
Repeat the surface HFEC inspection thereafter at the times specified 
in paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin 
757-53A0101, dated November 8, 2016.

 (i) Exceptions to the Service Information

    (1) Where Boeing Alert Service Bulletin 757-53A0101, dated 
November 8, 2016, 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.
    (2) Where Boeing Alert Service Bulletin 757-53A0101, dated 
November 8, 2016, specifies to contact Boeing for appropriate action 
and identifies that action as ``RC'' (Required for Compliance): 
Before further flight, repair the crack using a method approved in 
accordance with the procedures specified in paragraph (j) of this 
AD.

 (j) 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

[[Page 57346]]

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: 9-ANM-LAACO-AMOC-Requests@faa.gov.
    (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, 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 (i)(2) of this AD: For 
service information that contains steps that are labeled as 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. 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.

 (k) Related Information

    For more information about this AD, contact Muoi Vuong, 
Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO, 3960 
Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5205; 
fax: 562-627-5210; email: Muoi.Vuong@faa.gov.

 (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 757-53A0101, dated November 8, 
2016.
    (ii) Reserved.
    (3) For Boeing service information identified in this AD, 
contact Boeing Commercial Airplanes, Attention: Contractual & Data 
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 
90740-5600; telephone 562-797-1717; Internet 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: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on November 22, 2017.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2017-26040 Filed 12-4-17; 8:45 am]
 BILLING CODE 4910-13-P