Airworthiness Directives; The Boeing Company Airplanes, 29102-29105 [2019-13047]
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29102
Federal Register / Vol. 84, No. 120 / Friday, June 21, 2019 / Proposed Rules
c. Revising the section heading and
introductory text to paragraph (a);
■ d. Adding the word ‘‘formal’’ before
the word ‘‘enforcement’’ wherever it
appears in paragraphs (a)(1) through (4).
■ e. Removing the phrase ‘‘SBA Lender,
Intermediary, NTAP or SBA,’’ and
adding in its place the phrase ‘‘SBA
Lender, Intermediary, or SBA,’’ in
paragraph (a)(1)(ii);
■ f. Removing the phrase ‘‘final
decision’’ wherever it appears and
adding in its place the phrase ‘‘final
agency decision’’ in paragraphs (a)(2)
through (4);
■ g. Revising the headings for
paragraphs (a)(3) and (4) and paragraph
(a)(5); and
■ h. Adding the word ‘‘formal’’ before
the word ‘‘enforcement’’ in the headings
for paragraphs (b) and (c).
The revisions read as follows:
■
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§ 120.1600 General procedures for formal
enforcement actions against SBA Lenders,
SBA Supervised Lenders, Other Regulated
SBLCs, Management Officials, Other
Persons, and Intermediaries.
(a) In general. Except as otherwise set
forth for the formal enforcement actions
listed in paragraphs (a)(6), (b), and (c) of
this section and in § 120.465, SBA will
follow the procedures listed in this
section.
*
*
*
*
*
(3) SBA’s notice of final agency
decision on a formal enforcement action
where an SBA Lender or Intermediary
filed objection to the proposed action or
immediate suspension. * * *
(4) SBA’s notice of final agency
decision on a formal enforcement action
where no filed objection or untimely
objection not considered. * * *
(5) Appeals. An SBA Lender or
Intermediary may appeal the final
agency decision to the appropriate
Federal district court. Alternatively, 7(a)
Lenders may appeal such actions
(except for actions against SBA
Supervised Lenders that are covered by
procedures in § 120.1600(b) or (c) or
§ 120.465), to SBA’s Office of Hearings
and Appeals (‘‘OHA’’) within 20
calendar days of the date of the
decision, and in the event of such an
appeal, OHA will issue its decision in
accordance with part 134 of this title.
The enforcement action will remain in
effect pending resolution of the appeal,
if any.
*
*
*
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*
PART 134—RULES OF PROCEDURE
GOVERNING CASES BEFORE THE
OFFICE OF HEARINGS AND APPEALS
19. The authority citation for part 134
is revised to read as follows:
■
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Authority: 5 U.S.C. 504; 15 U.S.C. 632,
634(b)(6), 634(i), 637(a), 648(l), 656(i), 657t,
and 687(c); 38 U.S.C. 8127(f); E.O. 12549, 51
FR 6370, 3 CFR, 1986 Comp., p. 189.
Subpart J issued under 38 U.S.C.
8127(f)(8)(B).
Subpart K issued under 38 U.S.C.
8127(f)(8)(A).
20. Amend § 134.102 by adding
paragraph (d) to read as follows:
■
§ 134.102
Jurisdiction of OHA.
*
*
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(d) Appeals from informal and formal
enforcement actions against 7(a)
Lenders, and any other appeal that is
specifically authorized by part 120 of
this title, but not including appeals of
actions against SBA Supervised Lenders
under § 120.1600(b) or (c) or under
§ 120.465;
*
*
*
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*
■ 21. Amend § 134.205 by revising
paragraph (c) to read as follows:
§ 134.205 The appeal file, confidential
information, and protective orders.
*
*
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(c) Public access. Except for
confidential business and financial
information; source selection sensitive
information; income tax returns;
documents and information covered
under § 120.1060 of this title; and other
exempt information, the appeal file is
available to the public pursuant to the
Freedom of Information Act (FOIA), 5
U.S.C. 552.
*
*
*
*
*
Christopher Pilkerton,
Acting Administrator.
[FR Doc. 2019–12631 Filed 6–20–19; 8:45 am]
BILLING CODE 8025–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0437; Product
Identifier 2019–NM–074–AD]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for
certain The Boeing Company Model
757–200, –200CB, and –300 series
airplanes. This proposed AD was
prompted by reports of cracks in the
SUMMARY:
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fuselage frame web at body station
(STA) 1640. This proposed AD would
require, depending on configuration, a
general visual inspection for any
previous repair, such as any reinforcing
repair or local frame replacement repair,
repetitive open hole high frequency
eddy current (HFEC) inspections for any
crack of the fuselage frame web fastener
holes, on the left and right side of the
airplane, and applicable on-condition
actions. The FAA is proposing this AD
to address the unsafe condition on these
products.
DATES: The FAA must receive comments
on this proposed AD by August 5, 2019.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For Boeing service information
identified in this NPRM, contact Boeing
Commercial Airplanes, Attention:
Contractual & Data Services (C&DS),
2600 Westminster Blvd., MC 110–SK57,
Seal Beach, CA 90740–5600; phone:
562–797–1717; internet: https://
www.myboeingfleet.com.
For Aviation Partners Boeing service
information identified in this NPRM,
contact Aviation Partners Boeing, 2811
South 102nd St., Suite 200, Seattle, WA
98168; phone: 206–830–7699; fax: 206–
767–0535; email: leng@
aviationpartners.com; internet: https://
www.aviationpartnersboeing.com.
You may view this referenced service
information at the FAA, Transport
Standards Branch, 2200 South 216th St.,
Des Moines, WA. For information on the
availability of this material at the FAA,
call 206–231–3195. Boeing Alert
Requirements Bulletin 757–53A0112
RB, dated November 16, 2018, is also
available on the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2019–
0437.
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–2019–
0437; or in person at Docket Operations
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Federal Register / Vol. 84, No. 120 / Friday, June 21, 2019 / Proposed Rules
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this NPRM, the
regulatory evaluation, any comments
received, and other information. The
street address for Docket Operations is
listed above. Comments will be
available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT:
Peter Jarzomb, Aerospace Engineer,
Airframe Section, FAA, Los Angeles
ACO Branch, 3960 Paramount
Boulevard, Lakewood, CA 90712–4137;
phone: 562–627–5234; fax: 562–627–
5210; email: peter.jarzomb@faa.gov.
SUPPLEMENTARY INFORMATION:
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Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. Send
your comments to an address listed
under the ADDRESSES section. Include
‘‘Docket No. FAA–2019–0437; Product
Identifier 2019–NM–074–AD’’ at the
beginning of your comments. The FAA
specifically invites comments on the
overall regulatory, economic,
environmental, and energy aspects of
this NPRM. The FAA will consider all
comments received by the closing date
and may amend this NPRM because of
those comments.
The FAA will post all comments,
without change, to https://
www.regulations.gov, including any
personal information you provide. The
FAA will also post a report
summarizing each substantive verbal
contact the agency receives about this
proposed AD.
Discussion
The FAA has received reports of
cracks found on several airplanes while
performing inspections in an area
adjacent to the inspection areas
specified in Boeing Alert Service
Bulletin 757–53A0108. The cracks
reported were not considered in the
inspections specified in Boeing Alert
Service Bulletin 757–53A0108 because
the crack initiation sites, at issue here,
were discovered after the release of
Boeing Alert Service Bulletin 757–
53A0108. The airplanes had between
20,536 and 39,850 total flight cycles at
the time of reporting. Three of the
cracks were confirmed to have initiated
at a fastener common to the STA 1640
fuselage frame web and intercostal tee
clip at stringer 14, on the left side. The
fuselage frame web cracking is
attributed to fatigue caused by flight
loads and fuselage pressurization with
higher than predicted stresses. This
condition, if not addressed, could result
in reduced structural integrity of the
airplane.
Related Service Information Under 1
CFR Part 51
The FAA reviewed the following
service information.
• Aviation Partners Boeing (APB)
Alert Service Bulletin AP757–53–002,
Revision 2, dated April 11, 2019.
• Boeing Alert Requirements Bulletin
757–53A0112 RB, dated November 16,
2018.
The service information describes
procedures for, depending on
configuration, a general visual
inspection for any previous repair, such
as any reinforcing repair or local frame
replacement repair, repetitive open hole
HFEC inspections for any crack of the
fuselage frame web fastener holes, on
the left and right side of the airplane,
and applicable on-condition actions.
On-condition actions include
installation of fasteners and repair.
These documents are distinct since they
apply to different airplane models in
different configurations.
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.
FAA’s Determination
The FAA is proposing this AD
because the FAA evaluated all the
relevant information and determined
the unsafe condition described
previously is likely to exist or develop
in other products of the same type
design.
Proposed AD Requirements
This proposed AD would require
accomplishment of the actions
identified in Boeing Alert Requirements
Bulletin 757–53A0112 RB, dated
November 16, 2018, described
previously, except for any differences
identified as exceptions in the
regulatory text of this proposed AD.
This proposed AD would also require
accomplishment of the actions
identified as ‘‘RC’’ (required for
29103
compliance) in the Accomplishment
Instructions of APB Alert Service
Bulletin AP757–53–002, Revision 2,
dated April 11, 2019, described
previously, except for any differences
identified as exceptions in the
regulatory text of this proposed AD.
Please note that the initial compliance
times for the airplanes identified in APB
Alert Service Bulletin AP757–53–002,
Revision 2, dated April 11, 2019, range
from within 500 flight cycles after the
effective date of this AD, to within
16,000 flight cycles after the installation
of the local frame replacement or before
50,000 total flight cycles, whichever
occurs first depending on configuration.
The repetitive intervals range from
5,200 flight cycles to 9,900 flight cycles,
depending on configuration.
For information on the procedures
and compliance times, see Boeing Alert
Requirements Bulletin 757–53A0112
RB, dated November 16, 2018, at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2019–
0437.
Explanation of Requirements Bulletin
The FAA worked in conjunction with
industry, under the Airworthiness
Directive Implementation Aviation
Rulemaking Committee (AD ARC), to
enhance the AD system. One
enhancement is a process for annotating
which steps in the service information
are RC with an AD. Boeing has
implemented this RC concept into
Boeing service bulletins.
In an effort to further improve the
quality of ADs and AD-related Boeing
service information, a joint process
improvement initiative was worked
between the FAA and Boeing. The
initiative resulted in the development of
a new process in which the service
information more clearly identifies the
actions needed to address the unsafe
condition in the ‘‘Accomplishment
Instructions.’’ The new process results
in a Boeing Requirements Bulletin,
which contains only the actions needed
to address the unsafe condition (i.e.,
only the RC actions).
Costs of Compliance
The FAA estimates that this proposed
AD affects 475 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this proposed AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Action
Labor cost
General Visual Inspection
35 work-hours × $85 per hour = $2,975
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Cost per
product
Parts cost
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$0
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$2,975 ...............................
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Cost on U.S. operators
$1,413,125.
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Federal Register / Vol. 84, No. 120 / Friday, June 21, 2019 / Proposed Rules
ESTIMATED COSTS FOR REQUIRED ACTIONS—Continued
Action
Open Hole HFEC Inspection.
Labor cost
35 work-hours × $85 per hour = $2,975
per inspection cycle.
The FAA estimates the following
costs to do any necessary on-condition
Cost per
product
Parts cost
0
$2,975 per inspection
cycle.
fastener installations that would be
required. The FAA has no way of
Cost on U.S. operators
$1,413,125 per inspection
cycle.
determining the number of aircraft that
might need these on-condition actions:
ESTIMATED COSTS OF ON-CONDITION FASTENER INSTALLATIONS
Labor cost
Parts cost
Cost per
product
1 work-hour × $85 per hour = $85 ..........................................................................................................................
$*
$85 *
* The FAA has received no definitive data that would enable the agency to provide cost estimates for the parts cost of the on-condition fastener installation specified in this proposed AD.
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The FAA has received no definitive
data that would enable the agency to
provide cost estimates for the oncondition repair specified in this
proposed 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.
The FAA is 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 proposed 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 and associated
appliances to the Director of the System
Oversight Division.
Regulatory Findings
The FAA determined that this
proposed AD would not have federalism
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implications under Executive Order
13132. This proposed AD would 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 this proposed regulation:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Will not affect intrastate aviation
in Alaska, and
(3) 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.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
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):
■
The Boeing Company: Docket No. FAA–
2019–0437; Product Identifier 2019–
NM–074–AD.
(a) Comments Due Date
The FAA must receive comments by
August 5, 2019.
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(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company
Model 757–200, –200CB, and –300 series
airplanes, certificated in any category, as
identified in Boeing Alert Requirements
Bulletin 757–53A0112 RB, dated November
16, 2018.
(d) Subject
Air Transport Association (ATA) of
America Code 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by reports of cracks
in the fuselage frame web at body station
(STA) 1640. The FAA is issuing this AD to
address cracks in the fuselage frame web at
STA 1640, which could result in reduced
structural integrity of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Required Actions
(1) For all airplanes except those identified
in paragraph (g)(2) of this AD: Except as
specified by paragraph (h) of this AD, at the
applicable times specified in the
‘‘Compliance’’ paragraph of Boeing Alert
Requirements Bulletin 757–53A0112 RB,
dated November 16, 2018, do all applicable
actions identified in, and in accordance with,
the Accomplishment Instructions of Boeing
Alert Requirements Bulletin 757–53A0112
RB, dated November 16, 2018.
Note 1 to paragraphs (g)(1) and (g)(2):
Guidance for accomplishing the actions
required by this AD can be found in Boeing
Alert Service Bulletin 757–53A0112, dated
November 16, 2018, which is referred to in
Boeing Alert Requirements Bulletin 757–
53A0112 RB, dated November 16, 2018.
(2) For airplanes on which Aviation
Partners Boeing (APB) blended or scimitar
winglets are installed in accordance with
Supplemental Type Certificate (STC)
ST01518SE: Except as specified by paragraph
(h) of this AD, at the applicable times
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Federal Register / Vol. 84, No. 120 / Friday, June 21, 2019 / Proposed Rules
specified in paragraph 1.E., ‘‘Compliance’’ of
APB Alert Service Bulletin AP757–53–002,
Revision 2, dated April 11, 2019, do all
applicable actions identified in, and in
accordance with, the Accomplishment
Instructions of Boeing Alert Requirements
Bulletin 757–53A0112 RB, dated November
16, 2018.
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(h) Exceptions to Service Information
Specifications
(1) For purposes of determining
compliance with the requirements of this AD:
Where Boeing Alert Requirements Bulletin
757–53A0112 RB, dated November 16, 2018,
uses the phrase ‘‘the original issue date of
Requirements Bulletin 757–53A0112 RB,’’
this AD requires using ‘‘the effective date of
this AD,’’ except where Boeing Alert
Requirements Bulletin 757–53A0112 RB,
dated November 16, 2018, uses the phrase
‘‘the original issue date of Requirements
Bulletin 757–53A0112 RB’’ in a note or flag
note.
(2) Where Boeing Alert Requirements
Bulletin 757–53A0112 RB, dated November
16, 2018, specifies contacting Boeing for
repair instructions or for alternative
inspections: This AD requires doing the
repair, or doing the alternative inspections
and applicable on-condition actions 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:
Where APB Alert Service Bulletin AP757–
53–002, Revision 2, dated April 11, 2019,
uses the phrase ‘‘the original issue date of
this service bulletin,’’ this AD requires using
‘‘the effective date of this AD,’’ except where
APB Alert Service Bulletin AP757–53–002,
Revision 2, dated April 11, 2019, uses the
phrase ‘‘the original issue date of this Service
Bulletin’’ in a note or flag note.
(4) Where APB Alert Service Bulletin
AP757–53–002, Revision 2, dated April 11,
2019, specifies contacting Boeing for repair
instructions or for alternative inspections:
This AD requires doing the repair, or doing
the alternative inspections and applicable oncondition actions using a method approved
in accordance with the procedures specified
in paragraph (i) of this AD.
(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)(1) of
this AD. Information may be emailed to: 9ANM-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,
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modification, or alteration required by this
AD if it is approved by The Boeing Company
Organization Designation Authorization
(ODA) that has been authorized by the
Manager, Los Angeles ACO Branch, FAA, to
make those findings. To be approved, the
repair method, modification deviation, or
alteration deviation must meet the
certification basis of the airplane, and the
approval must specifically refer to this AD.
(4) Except as specified by paragraph (h) of
this AD: For service information that
contains steps that are labeled as Required
for Compliance (RC), the provisions of
paragraphs (i)(4)(i) and (i)(4)(ii) 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
(1) For more information about this AD,
contact Peter Jarzomb, Aerospace Engineer,
Airframe Section, FAA, Los Angeles ACO
Branch, 3960 Paramount Boulevard,
Lakewood, CA 90712–4137; phone: 562–627–
5234; fax: 562–627–5210; email:
peter.jarzomb@faa.gov.
(2) 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.
(3) For Aviation Partners Boeing service
information identified in this AD, contact
Aviation Partners Boeing, 2811 South 102nd
St., Suite 200, Seattle, WA 98168; phone:
206–830–7699; fax: 206–767–3355; email:
leng@aviationpartners.com; internet: https://
www.aviationpartnersboeing.com.
(4) You may view this referenced service
information at the FAA, Transport Standards
Branch, 2200 South 216th St., Des Moines,
WA. For information on the availability of
this material at the FAA, call 206–231–3195.
Issued in Des Moines, Washington, on June
10, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–13047 Filed 6–20–19; 8:45 am]
BILLING CODE 4910–13–P
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29105
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0406; Product
Identifier 2019–NM–059–AD]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for all
The Boeing Company Model MD–90–30
airplanes. This proposed AD was
prompted by reports indicating that
certain center wing stringers and skins
have been identified to potentially be
susceptible to cracking. This proposed
AD would require repetitive eddy
current, low frequency (ETLF)
inspections of the left and right side
fastener holes for any crack; repetitive
eddy current, high frequency (ETHF)
inspections of the lower skin for any
crack; and repair if any crack is found.
The FAA is proposing this AD to
address the unsafe condition on these
products.
SUMMARY:
The FAA must receive comments
on this proposed AD by August 5, 2019.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For service information identified in
this NPRM, 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, 2200
South 216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
It is also available on the internet at
DATES:
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]]>Agencies
[Federal Register Volume 84, Number 120 (Friday, June 21, 2019)]
[Proposed Rules]
[Pages 29102-29105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13047]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0437; Product Identifier 2019-NM-074-AD]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain The Boeing Company Model 757-200, -200CB, and -300 series
airplanes. This proposed AD was prompted by reports of cracks in the
fuselage frame web at body station (STA) 1640. This proposed AD would
require, depending on configuration, a general visual inspection for
any previous repair, such as any reinforcing repair or local frame
replacement repair, repetitive open hole high frequency eddy current
(HFEC) inspections for any crack of the fuselage frame web fastener
holes, on the left and right side of the airplane, and applicable on-
condition actions. The FAA is proposing this AD to address the unsafe
condition on these products.
DATES: The FAA must receive comments on this proposed AD by August 5,
2019.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For Boeing service information identified in this NPRM, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600;
phone: 562-797-1717; internet: https://www.myboeingfleet.com.
For Aviation Partners Boeing service information identified in this
NPRM, contact Aviation Partners Boeing, 2811 South 102nd St., Suite
200, Seattle, WA 98168; phone: 206-830-7699; fax: 206-767-0535; email:
[email protected]; internet: https://www.aviationpartnersboeing.com.
You may view this referenced service information at the FAA,
Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call 206-
231-3195. Boeing Alert Requirements Bulletin 757-53A0112 RB, dated
November 16, 2018, is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0437.
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-2019-
0437; or in person at Docket Operations
[[Page 29103]]
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this NPRM, the regulatory evaluation,
any comments received, and other information. The street address for
Docket Operations is listed above. Comments will be available in the AD
docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Peter Jarzomb, Aerospace Engineer,
Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount
Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5234; fax: 562-627-
5210; email: [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2019-0437;
Product Identifier 2019-NM-074-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. The FAA will
consider all comments received by the closing date and may amend this
NPRM because of those comments.
The FAA will post all comments, without change, to https://www.regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact the agency receives about this proposed AD.
Discussion
The FAA has received reports of cracks found on several airplanes
while performing inspections in an area adjacent to the inspection
areas specified in Boeing Alert Service Bulletin 757-53A0108. The
cracks reported were not considered in the inspections specified in
Boeing Alert Service Bulletin 757-53A0108 because the crack initiation
sites, at issue here, were discovered after the release of Boeing Alert
Service Bulletin 757-53A0108. The airplanes had between 20,536 and
39,850 total flight cycles at the time of reporting. Three of the
cracks were confirmed to have initiated at a fastener common to the STA
1640 fuselage frame web and intercostal tee clip at stringer 14, on the
left side. The fuselage frame web cracking is attributed to fatigue
caused by flight loads and fuselage pressurization with higher than
predicted stresses. This condition, if not addressed, could result in
reduced structural integrity of the airplane.
Related Service Information Under 1 CFR Part 51
The FAA reviewed the following service information.
Aviation Partners Boeing (APB) Alert Service Bulletin
AP757-53-002, Revision 2, dated April 11, 2019.
Boeing Alert Requirements Bulletin 757-53A0112 RB, dated
November 16, 2018.
The service information describes procedures for, depending on
configuration, a general visual inspection for any previous repair,
such as any reinforcing repair or local frame replacement repair,
repetitive open hole HFEC inspections for any crack of the fuselage
frame web fastener holes, on the left and right side of the airplane,
and applicable on-condition actions. On-condition actions include
installation of fasteners and repair. These documents are distinct
since they apply to different airplane models in different
configurations.
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.
FAA's Determination
The FAA is proposing this AD because the FAA evaluated all the
relevant information and determined the unsafe condition described
previously is likely to exist or develop in other products of the same
type design.
Proposed AD Requirements
This proposed AD would require accomplishment of the actions
identified in Boeing Alert Requirements Bulletin 757-53A0112 RB, dated
November 16, 2018, described previously, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
This proposed AD would also require accomplishment of the actions
identified as ``RC'' (required for compliance) in the Accomplishment
Instructions of APB Alert Service Bulletin AP757-53-002, Revision 2,
dated April 11, 2019, described previously, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Please note that the initial compliance times for the airplanes
identified in APB Alert Service Bulletin AP757-53-002, Revision 2,
dated April 11, 2019, range from within 500 flight cycles after the
effective date of this AD, to within 16,000 flight cycles after the
installation of the local frame replacement or before 50,000 total
flight cycles, whichever occurs first depending on configuration. The
repetitive intervals range from 5,200 flight cycles to 9,900 flight
cycles, depending on configuration.
For information on the procedures and compliance times, see Boeing
Alert Requirements Bulletin 757-53A0112 RB, dated November 16, 2018, at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2019-0437.
Explanation of Requirements Bulletin
The FAA worked in conjunction with industry, under the
Airworthiness Directive Implementation Aviation Rulemaking Committee
(AD ARC), to enhance the AD system. One enhancement is a process for
annotating which steps in the service information are RC with an AD.
Boeing has implemented this RC concept into Boeing service bulletins.
In an effort to further improve the quality of ADs and AD-related
Boeing service information, a joint process improvement initiative was
worked between the FAA and Boeing. The initiative resulted in the
development of a new process in which the service information more
clearly identifies the actions needed to address the unsafe condition
in the ``Accomplishment Instructions.'' The new process results in a
Boeing Requirements Bulletin, which contains only the actions needed to
address the unsafe condition (i.e., only the RC actions).
Costs of Compliance
The FAA estimates that this proposed AD affects 475 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
Estimated Costs for Required Actions
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Cost on U.S.
Action Labor cost Parts cost Cost per product operators
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General Visual Inspection........ 35 work-hours x $85 $0 $2,975............. $1,413,125.
per hour = $2,975.
[[Page 29104]]
Open Hole HFEC Inspection........ 35 work-hours x $85 0 $2,975 per $1,413,125 per
per hour = $2,975 inspection cycle. inspection cycle.
per inspection
cycle.
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The FAA estimates the following costs to do any necessary on-
condition fastener installations that would be required. The FAA has no
way of determining the number of aircraft that might need these on-
condition actions:
Estimated Costs of On-Condition Fastener Installations
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Cost per
Labor cost Parts cost product
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1 work-hour x $85 per hour = $85...... $* $85 *
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* The FAA has received no definitive data that would enable the agency
to provide cost estimates for the parts cost of the on-condition
fastener installation specified in this proposed AD.
The FAA has received no definitive data that would enable the
agency to provide cost estimates for the on-condition repair specified
in this proposed 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.
The FAA is 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 proposed 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 and associated appliances to the
Director of the System Oversight Division.
Regulatory Findings
The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska, and
(3) 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.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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):
The Boeing Company: Docket No. FAA-2019-0437; Product Identifier
2019-NM-074-AD.
(a) Comments Due Date
The FAA must receive comments by August 5, 2019.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company Model 757-200, -200CB, and
-300 series airplanes, certificated in any category, as identified
in Boeing Alert Requirements Bulletin 757-53A0112 RB, dated November
16, 2018.
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by reports of cracks in the fuselage frame
web at body station (STA) 1640. The FAA is issuing this AD to
address cracks in the fuselage frame web at STA 1640, which could
result in reduced structural integrity of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
(1) For all airplanes except those identified in paragraph
(g)(2) of this AD: Except as specified by paragraph (h) of this AD,
at the applicable times specified in the ``Compliance'' paragraph of
Boeing Alert Requirements Bulletin 757-53A0112 RB, dated November
16, 2018, do all applicable actions identified in, and in accordance
with, the Accomplishment Instructions of Boeing Alert Requirements
Bulletin 757-53A0112 RB, dated November 16, 2018.
Note 1 to paragraphs (g)(1) and (g)(2): Guidance for
accomplishing the actions required by this AD can be found in Boeing
Alert Service Bulletin 757-53A0112, dated November 16, 2018, which
is referred to in Boeing Alert Requirements Bulletin 757-53A0112 RB,
dated November 16, 2018.
(2) For airplanes on which Aviation Partners Boeing (APB)
blended or scimitar winglets are installed in accordance with
Supplemental Type Certificate (STC) ST01518SE: Except as specified
by paragraph (h) of this AD, at the applicable times
[[Page 29105]]
specified in paragraph 1.E., ``Compliance'' of APB Alert Service
Bulletin AP757-53-002, Revision 2, dated April 11, 2019, do all
applicable actions identified in, and in accordance with, the
Accomplishment Instructions of Boeing Alert Requirements Bulletin
757-53A0112 RB, dated November 16, 2018.
(h) Exceptions to Service Information Specifications
(1) For purposes of determining compliance with the requirements
of this AD: Where Boeing Alert Requirements Bulletin 757-53A0112 RB,
dated November 16, 2018, uses the phrase ``the original issue date
of Requirements Bulletin 757-53A0112 RB,'' this AD requires using
``the effective date of this AD,'' except where Boeing Alert
Requirements Bulletin 757-53A0112 RB, dated November 16, 2018, uses
the phrase ``the original issue date of Requirements Bulletin 757-
53A0112 RB'' in a note or flag note.
(2) Where Boeing Alert Requirements Bulletin 757-53A0112 RB,
dated November 16, 2018, specifies contacting Boeing for repair
instructions or for alternative inspections: This AD requires doing
the repair, or doing the alternative inspections and applicable on-
condition actions 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: Where APB Alert Service Bulletin AP757-53-002, Revision
2, dated April 11, 2019, uses the phrase ``the original issue date
of this service bulletin,'' this AD requires using ``the effective
date of this AD,'' except where APB Alert Service Bulletin AP757-53-
002, Revision 2, dated April 11, 2019, uses the phrase ``the
original issue date of this Service Bulletin'' in a note or flag
note.
(4) Where APB Alert Service Bulletin AP757-53-002, Revision 2,
dated April 11, 2019, specifies contacting Boeing for repair
instructions or for alternative inspections: This AD requires doing
the repair, or doing the alternative inspections and applicable on-
condition actions using a method approved in accordance with the
procedures specified in paragraph (i) of this AD.
(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)(1) 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 Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, Los
Angeles ACO Branch, FAA, to make those findings. To be approved, the
repair method, modification deviation, or alteration deviation must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.
(4) Except as specified by paragraph (h) of this AD: For service
information that contains steps that are labeled as Required for
Compliance (RC), the provisions of paragraphs (i)(4)(i) and
(i)(4)(ii) 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
(1) For more information about this AD, contact Peter Jarzomb,
Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch,
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5234; fax: 562-627-5210; email: [email protected].
(2) 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.
(3) For Aviation Partners Boeing service information identified
in this AD, contact Aviation Partners Boeing, 2811 South 102nd St.,
Suite 200, Seattle, WA 98168; phone: 206-830-7699; fax: 206-767-
3355; email: [email protected]; internet: https://www.aviationpartnersboeing.com.
(4) You may view this referenced service information at the FAA,
Transport Standards Branch, 2200 South 216th St., Des Moines, WA.
For information on the availability of this material at the FAA,
call 206-231-3195.
Issued in Des Moines, Washington, on June 10, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-13047 Filed 6-20-19; 8:45 am]
BILLING CODE 4910-13-P
