Airworthiness Directives; The Boeing Company Airplanes, 29102-29105 [2019-13047]

Download as PDF 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: ■ jspears on DSK30JT082PROD with PROPOSALS § 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. * * * * * 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: ■ VerDate Sep<11>2014 17:15 Jun 20, 2019 Jkt 247001 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. * * * * * (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; * * * * * ■ 21. Amend § 134.205 by revising paragraph (c) to read as follows: § 134.205 The appeal file, confidential information, and protective orders. * * * * * (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: PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 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 http://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: http:// 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 http:// 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 http:// www.regulations.gov by searching for and locating Docket No. FAA–2019– 0437; or in person at Docket Operations E:\FR\FM\21JNP1.SGM 21JNP1 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: jspears on DSK30JT082PROD with PROPOSALS 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 http:// 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 http:// 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 VerDate Sep<11>2014 17:15 Jun 20, 2019 Jkt 247001 PO 00000 Frm 00012 Cost per product Parts cost Fmt 4702 $0 Sfmt 4702 $2,975 ............................... E:\FR\FM\21JNP1.SGM 21JNP1 Cost on U.S. operators $1,413,125. 29104 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. jspears on DSK30JT082PROD with PROPOSALS 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 VerDate Sep<11>2014 17:15 Jun 20, 2019 Jkt 247001 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. PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 (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 E:\FR\FM\21JNP1.SGM 21JNP1 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. jspears on DSK30JT082PROD with PROPOSALS (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, VerDate Sep<11>2014 17:15 Jun 20, 2019 Jkt 247001 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: http:// 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 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 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 http://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: E:\FR\FM\21JNP1.SGM 21JNP1

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).

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

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 http://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: http://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 http://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 http://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 http://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 
http://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
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
              Action                    Labor cost        Parts cost     Cost per  product        operators
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------

    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
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
1 work-hour x $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.

    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: http://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