Airworthiness Directives; The Boeing Company Airplanes, 38889-38892 [2019-16841]
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Federal Register / Vol. 84, No. 153 / Thursday, August 8, 2019 / Proposed Rules
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
The Boeing Company: Docket No. FAA–
2019–0576; Product Identifier 2019–
NM–049–AD.
(a) Comments Due Date
The FAA must receive comments by
September 23, 2019.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all The Boeing
Company Model 747–400, 747–400F, 747–
8F, and 747–8 series airplanes, certificated in
any category.
(d) Subject
Air Transport Association (ATA) of
America Code 34, Navigation.
(e) Unsafe Condition
This AD was prompted by reports of dual
flight management computer (FMC) cold
starts during a critical flight phase such as
takeoff and approach. The FAA is issuing
this AD to address dual FMC cold starts,
which can result in a loss of flight critical
data from flight deck displays during a high
workload phase of flight. This condition, if
not addressed, could reduce the flightcrew’s
situational awareness, resulting in a loss of
continued safe flight and landing.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
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(g) Definition
For the purposes of this AD, later-approved
software versions are only those Boeing
software versions that are approved as a
replacement for the applicable software
identified in Boeing Alert Requirements
Bulletin 747–34A3119 RB, dated February
15, 2019; or Boeing Alert Requirements
Bulletin 747–34A3125 RB, dated February
15, 2019; and are approved as part of the type
design by the FAA or The Boeing Company
Organization Designation Authorization
(ODA) after February 15, 2019 (the issuance
date of Boeing Alert Requirements Bulletin
747–34A3119 RB; and Boeing Alert
Requirements Bulletin 747–34A3125 RB).
(h) Required Actions
(1) For airplanes that have an original
airworthiness certificate or export certificate
of airworthiness issued on or before the
effective date of this AD: Within 6 months
after the effective date of this AD, inspect the
FMC left and FMC right to determine if FMC
operational program software (OPS) software,
part number (P/N) HNP5A–AL11–9008, or
later-approved software version, as defined
in paragraph (g) of this AD, is installed. A
review of airplane maintenance records is
acceptable in lieu of this inspection if the
part number of the FMC OPS can be
conclusively determined from that review.
(2) If, during any inspection or records
review required by paragraph (h)(1) of this
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AD, FMC OPS, P/N HNP5A–AL11–9008, or
later-approved software version, as defined
in paragraph (g) of this AD, is not found:
Within 6 months after the effective date of
this AD, do all applicable actions identified
in, and in accordance with, the applicable
Concurrent Requirements and
Accomplishment Instructions of Boeing Alert
Requirements Bulletin 747–34A3119 RB,
dated February 15, 2019; or Boeing Alert
Requirements Bulletin 747–34A3125 RB,
dated February 15, 2019; as applicable.
Note 1 to paragraph (g): Guidance for
accomplishing the actions required by this
AD can be found in Boeing Alert Service
Bulletin 747–34A3119, dated February 15,
2019, which is referred to in Boeing Alert
Requirements Bulletin 747–34A3119 RB,
dated February 15, 2019; and Boeing Alert
Service Bulletin 747–34A3125, dated
February 15, 2019, which is referred to in
Boeing Alert Requirements Bulletin 747–
34A3125 RB, dated February 15, 2019.
(i) Parts Installation Limitation
As of the effective date of this AD: Do not
install FMC software unless it is FMC OPS,
P/N HNP5A–AL11–9008 or later-approved
software version, as defined in paragraph (g)
of this AD.
(j) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Seattle 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 (k)(1) of
this AD. Information may be emailed to: 9ANM-Seattle-ACO-AMOC-Requests@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair,
modification, or alteration required by this
AD if it is approved by The Boeing Company
ODA that has been authorized by the
Manager, Seattle 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.
(k) Related Information
(1) For more information about this AD,
contact Nelson Sanchez, Aerospace Engineer,
Systems and Equipment Section, FAA,
Seattle ACO Branch, 2200 South 216th St.,
Des Moines, WA 98198; telephone and fax:
206–231–3543; email: nelson.sanchez@
faa.gov.
(2) For 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://
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38889
www.myboeingfleet.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.
Issued in Des Moines, Washington, on July
29, 2019.
Dionne Palermo,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–16815 Filed 8–7–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0603; Product
Identifier 2019–NM–087–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
777–300ER and 777F series airplanes.
This proposed AD was prompted by an
evaluation by the design approval
holder (DAH) indicating that the
fuselage stringers, stringer splices, and
skin splice straps are subject to
widespread fatigue damage (WFD). This
proposed AD would require repetitive
detailed inspections of certain stringer
splices and skin splice straps for any
cracks, repetitive high frequency eddy
current (HFEC) inspections of certain
stringers and stringer splices for any
cracks, and applicable on-condition
actions. The agency is proposing this
AD to address the unsafe condition on
these products.
DATES: The FAA must receive comments
on this proposed AD by September 23,
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.
SUMMARY:
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Federal Register / Vol. 84, No. 153 / Thursday, August 8, 2019 / Proposed Rules
• 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 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. It is also available on the internet
at https://www.regulations.gov by
searching for and locating Docket No.
FAA–2019–0603.
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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–
0603; or in person at Docket Operations
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: Eric
Lin, Aerospace Engineer, Airframe
Section, FAA, Seattle ACO Branch, 2200
South 216th St., Des Moines, WA 98198;
phone and fax: 206–231–3523; email:
eric.lin@faa.gov.
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–2019–0603; Product
Identifier 2019–NM–087–AD’’ at the
beginning of your comments. The
agency 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
agency will also post a report
summarizing each substantive verbal
contact received about this proposed
AD.
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Discussion
Fatigue damage can occur locally, in
small areas or structural design details,
or globally, in widespread areas.
Multiple-site damage is widespread
damage that occurs in a large structural
element such as a single rivet line of a
lap splice joining two large skin panels.
Widespread damage can also occur in
multiple elements such as adjacent
frames or stringers. Multiple-site
damage and multiple-element damage
cracks are typically too small initially to
be reliably detected with normal
inspection methods. Without
intervention, these cracks will grow,
and eventually compromise the
structural integrity of the airplane. This
condition is known as WFD. It is
associated with general degradation of
large areas of structure with similar
structural details and stress levels. As
an airplane ages, WFD will likely occur,
and will certainly occur if the airplane
is operated long enough without any
intervention.
The FAA’s WFD final rule (75 FR
69746, November 15, 2010) became
effective on January 14, 2011. The WFD
rule requires certain actions to prevent
structural failure due to WFD
throughout the operational life of
certain transport category airplanes that
had already been certificated by the
FAA at the time of that rule’s
enactment, and all transport-category
airplanes to be certificated afterward.
The rule requires that DAHs establish a
limit of validity (LOV) of the
engineering data that support the
airplanes’ structural maintenance
program. Operators affected by the WFD
rule may not fly an airplane beyond its
LOV, unless the FAA approves an
extended LOV.
The WFD rule does not require
identifying and developing maintenance
actions if the DAHs can show that such
actions are not necessary to prevent
WFD before the airplane reaches its
LOV. Many LOVs, however, depend on
accomplishment of future maintenance
actions. As stated in the WFD rule, any
maintenance actions necessary to reach
the LOV will be mandated by
airworthiness directives through
separate rulemaking actions.
In the context of WFD, this action is
necessary to enable DAHs to propose
LOVs that allow operators the longest
operational lives for their airplanes, and
still ensure that WFD will not occur.
This approach allows for an
implementation strategy that provides
flexibility to DAHs in determining the
timing of service information
development (with FAA approval),
while providing operators with certainty
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regarding the LOV applicable to their
airplanes.
The FAA has received a report
indicating that aluminum chips and
conical burr foreign object debris (FOD),
were found on in-production model
777–300ER and 777F airplanes in the
interfaces beneath stringer splices at
station (STA) 825+210, STA 655, and
STA 1434+189, and the circumferential
splices at STA 1832. FOD has been
found in splices that were built using an
automated drilling and fastener
installation process. This automated
process is not always sufficient to close
gaps that can occur as a result of the
manufacturing build sequence and
geometry. This process has also resulted
in hole defects at these stations. A
product acceptance plan has been
inadequate in finding holes that were
out of tolerance. FOD and hole defects
can reduce the fatigue performance of
the splices, and the existing
Maintenance Planning Data (MPD)
inspections do not provide adequate
crack detection for the reduced fatigue
thresholds. This could lead to
undetected cracking.
This condition, if not addressed,
could result in undetected fatigue
cracks, which could adversely affect the
structural integrity of the airplane.
Related Service Information Under 1
CFR Part 51
The FAA reviewed Boeing Alert
Requirements Bulletin 777–53A0091
RB, dated April 8, 2019. The service
information describes procedures for
repetitive detailed inspections of certain
stringer splices and skin splice straps
for any cracks, repetitive HFEC
inspections of certain stringers and
stringer splices for any cracks, and
applicable on-condition actions. Oncondition actions include repair.
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 agency 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 777–53A0091 RB, dated April
8, 2019, described previously, except for
any differences identified as exceptions
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Federal Register / Vol. 84, No. 153 / Thursday, August 8, 2019 / Proposed Rules
in the regulatory text of this proposed
AD.
For information on the procedures
and compliance times, see this service
information at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2019–
0603.
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 ‘‘required for compliance’’ (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
38891
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 12 airplanes of U.S. registry.
The agency estimates the following
costs to comply with this proposed AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Action
Detailed and HFEC Inspections.
Labor cost
Up to 79 work-hours × $85
per hour = Up to $6,715
per inspection cycle.
The FAA has have received no
definitive data that would enable us to
provide cost estimates for the oncondition actions specified in this
proposed AD.
According to the manufacturer, some
or all of the costs of this proposed AD
may be covered under warranty, thereby
reducing the cost impact on affected
individuals. The FAA does not control
warranty coverage for affected
individuals. As a result, the agency has
included all known costs in its cost
estimate.
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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
VerDate Sep<11>2014
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Parts cost
Jkt 247001
Cost on U.S.
operators
Cost per product
$0
Up to $6,715 per inspection
cycle.
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.
Up to $80,580 per inspection
cycle.
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–
2019–0603; Product Identifier 2019–
NM–087–AD.
(a) Comments Due Date
The FAA must receive comments by
September 23, 2019.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company
Model 777–300ER and 777F series airplanes,
certificated in any category, as identified in
Boeing Alert Requirements Bulletin 777–
53A0091 RB, dated April 8, 2019.
(d) Subject
Air Transport Association (ATA) of
America Code 53, Fuselage.
The Proposed Amendment
(e) Unsafe Condition
This AD was prompted by an evaluation by
the design approval holder (DAH) indicating
that the fuselage stringers, stringer splices,
and skin splice straps are subject to
widespread fatigue damage (WFD). The FAA
is issuing this AD to address undetected
fatigue cracks, which could adversely affect
the structural integrity of the airplane.
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
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Federal Register / Vol. 84, No. 153 / Thursday, August 8, 2019 / Proposed Rules
(g) Required Actions
Except as specified by paragraph (h) of this
AD: At the applicable times specified in the
‘‘Compliance’’ paragraph of Boeing Alert
Requirements Bulletin 777–53A0091 RB,
dated April 8, 2019, do all applicable actions
identified in, and in accordance with, the
Accomplishment Instructions of Boeing Alert
Requirements Bulletin 777–53A0091 RB,
dated April 8, 2019.
Note 1 to paragraph (g): Guidance for
accomplishing the actions required by this
AD can be found in Boeing Alert Service
Bulletin 777–53A0091, dated April 8, 2019,
which is referred to in Boeing Alert
Requirements Bulletin 777–53A0091 RB,
dated April 8, 2019.
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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
777–53A0091 RB, dated April 8, 2019, uses
the phrase ‘‘the original issue date of
Requirements Bulletin 777–53A0091 RB’’ or
‘‘the original issue date of this service
bulletin,’’ this AD requires using ‘‘the
effective date of this AD,’’ except where
Boeing Alert Requirements Bulletin 777–
53A0091 RB, dated April 8, 2019, uses the
phrase ‘‘the original issue date of this service
bulletin’’ in a note or flag note.
(2) Where Boeing Alert Requirements
Bulletin 777–53A0091 RB, dated April 8,
2019, specifies contacting Boeing for repair
instructions: This AD requires doing the
repair before further flight 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, Seattle 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-Seattle-ACO-AMOC-Requests@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair,
modification, or alteration required by this
AD if it is approved by The Boeing Company
Organization Designation Authorization
(ODA) that has been authorized by the
Manager, Seattle 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.
(j) Related Information
(1) For more information about this AD,
contact Eric Lin, Aerospace Engineer,
VerDate Sep<11>2014
16:03 Aug 07, 2019
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Airframe Section, FAA, Seattle ACO Branch,
2200 South 216th St., Des Moines, WA
98198; phone and fax: 206–231–3523; email:
eric.lin@faa.gov.
(2) For 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. 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 July
26, 2019.
Dionne Palermo,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–16841 Filed 8–7–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[REG–106282–18]
RIN 1545–BP35
Limitation on Deduction for Dividends
Received From Certain Foreign
Corporations and Amounts Eligible for
Section 954 Look-Through Exception;
Correction
Internal Revenue Service (IRS),
Treasury.
ACTION: Correction to a notice of
proposed rulemaking by cross-reference
to temporary regulations.
AGENCY:
This document contains a
correction to notice of proposed
rulemaking by cross-reference to
temporary regulations (REG–106282–18)
that was published in the Federal
Register on Tuesday, June 18, 2019.
DATES: Written or electronic comments
and requests for a public hearing for the
notice of proposed rulemaking by crossreference to temporary regulations at 84
FR 28426, June 18, 2019, are still being
accepted and must be received by
September 16, 2019.
ADDRESSES: Send Submissions to
CC:PA:LPD:PR (REG–106282–18), Room
5203, Internal Revenue Service, P.O.
Box 7604, Ben Franklin Station,
Washington, DC 20044. Submissions
may be hand-delivered Monday through
Friday between the hours of 8 a.m. and
4 p.m. to CC:PA:LPD:PR (REG–106282–
18), Courier’s Desk, Internal Revenue
Service, 1111 Constitution Avenue NW,
Washington, DC 20224. Alternatively,
SUMMARY:
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taxpayers may submit comments
electronically, via the Federal
eRulemaking Portal at https://
www.regulations.gov (IRS REG–106282–
18).
FOR FURTHER INFORMATION CONTACT:
Concerning the proposed regulations,
Logan M. Kincheloe, (202) 317–6937;
concerning submission of comments
and/or requests for a hearing Regina
Johnson at (202) 317–6901 (not toll-free
numbers).
SUPPLEMENTARY INFORMATION:
Background
This correction to the notice of
proposed rulemaking (REG–106282–18)
that is the subject of this document is
issued under sections 245A, 954, and
6038 of the Internal Revenue Code.
Need for Correction
As published, the notice of proposed
rulemaking by cross-reference to
temporary regulations (REG–106282–18)
contains errors that may prove to be
misleading and are in need of
clarification.
Correction to Publication
Accordingly, the notice of proposed
rulemaking by cross-reference to
temporary regulations, FR 2019–12441,
published at 84 FR 28426, June 18,
2019, is corrected as follows:
■ 1. On page 28426, the first column,
under the caption SUMMARY, the third
line from the bottom of the last
paragraph, the language ‘‘controlled
foreign that receive certain’’ is corrected
to read ‘‘controlled foreign corporations
that receive certain’’.
■ 2. On page 28427, in the first column,
under the last line of the paragraph
before the caption Comments and
Request Public Hearing section add the
following sections:
III. Unfunded Mandates Reform Act
The assessment of costs and benefits
under the Unfunded Mandated Reform
Act of these proposed regulations are
explained in the temporary regulations
under 245A, 954(c)(6), and 6038
published in 84 FR 28398 (June 18,
2019).
IV. Executive Order 13132: Federalism
The assessment of the federalism
implications as required under
Executive Order 13132 of these
proposed regulations is explained in the
temporary regulations under sections
245A, 954(c)(6), and 6038 published in
84 FR 28398 (June 18, 2019).
§ 1.245A–1
[Corrected]
3. On page 28427, second column, the
amendatory instruction Par, 2, the
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]]>Agencies
[Federal Register Volume 84, Number 153 (Thursday, August 8, 2019)]
[Proposed Rules]
[Pages 38889-38892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16841]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0603; Product Identifier 2019-NM-087-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 777-300ER and 777F series
airplanes. This proposed AD was prompted by an evaluation by the design
approval holder (DAH) indicating that the fuselage stringers, stringer
splices, and skin splice straps are subject to widespread fatigue
damage (WFD). This proposed AD would require repetitive detailed
inspections of certain stringer splices and skin splice straps for any
cracks, repetitive high frequency eddy current (HFEC) inspections of
certain stringers and stringer splices for any cracks, and applicable
on-condition actions. The agency is proposing this AD to address the
unsafe condition on these products.
DATES: The FAA must receive comments on this proposed AD by September
23, 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.
[[Page 38890]]
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 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. It
is also available on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2019-0603.
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-
0603; or in person at Docket Operations 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: Eric Lin, Aerospace Engineer, Airframe
Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA
98198; phone and fax: 206-231-3523; 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-2019-0603;
Product Identifier 2019-NM-087-AD'' at the beginning of your comments.
The agency 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 agency will also post a report summarizing each substantive verbal
contact received about this proposed AD.
Discussion
Fatigue damage can occur locally, in small areas or structural
design details, or globally, in widespread areas. Multiple-site damage
is widespread damage that occurs in a large structural element such as
a single rivet line of a lap splice joining two large skin panels.
Widespread damage can also occur in multiple elements such as adjacent
frames or stringers. Multiple-site damage and multiple-element damage
cracks are typically too small initially to be reliably detected with
normal inspection methods. Without intervention, these cracks will
grow, and eventually compromise the structural integrity of the
airplane. This condition is known as WFD. It is associated with general
degradation of large areas of structure with similar structural details
and stress levels. As an airplane ages, WFD will likely occur, and will
certainly occur if the airplane is operated long enough without any
intervention.
The FAA's WFD final rule (75 FR 69746, November 15, 2010) became
effective on January 14, 2011. The WFD rule requires certain actions to
prevent structural failure due to WFD throughout the operational life
of certain transport category airplanes that had already been
certificated by the FAA at the time of that rule's enactment, and all
transport-category airplanes to be certificated afterward. The rule
requires that DAHs establish a limit of validity (LOV) of the
engineering data that support the airplanes' structural maintenance
program. Operators affected by the WFD rule may not fly an airplane
beyond its LOV, unless the FAA approves an extended LOV.
The WFD rule does not require identifying and developing
maintenance actions if the DAHs can show that such actions are not
necessary to prevent WFD before the airplane reaches its LOV. Many
LOVs, however, depend on accomplishment of future maintenance actions.
As stated in the WFD rule, any maintenance actions necessary to reach
the LOV will be mandated by airworthiness directives through separate
rulemaking actions.
In the context of WFD, this action is necessary to enable DAHs to
propose LOVs that allow operators the longest operational lives for
their airplanes, and still ensure that WFD will not occur. This
approach allows for an implementation strategy that provides
flexibility to DAHs in determining the timing of service information
development (with FAA approval), while providing operators with
certainty regarding the LOV applicable to their airplanes.
The FAA has received a report indicating that aluminum chips and
conical burr foreign object debris (FOD), were found on in-production
model 777-300ER and 777F airplanes in the interfaces beneath stringer
splices at station (STA) 825+210, STA 655, and STA 1434+189, and the
circumferential splices at STA 1832. FOD has been found in splices that
were built using an automated drilling and fastener installation
process. This automated process is not always sufficient to close gaps
that can occur as a result of the manufacturing build sequence and
geometry. This process has also resulted in hole defects at these
stations. A product acceptance plan has been inadequate in finding
holes that were out of tolerance. FOD and hole defects can reduce the
fatigue performance of the splices, and the existing Maintenance
Planning Data (MPD) inspections do not provide adequate crack detection
for the reduced fatigue thresholds. This could lead to undetected
cracking.
This condition, if not addressed, could result in undetected
fatigue cracks, which could adversely affect the structural integrity
of the airplane.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Boeing Alert Requirements Bulletin 777-53A0091 RB,
dated April 8, 2019. The service information describes procedures for
repetitive detailed inspections of certain stringer splices and skin
splice straps for any cracks, repetitive HFEC inspections of certain
stringers and stringer splices for any cracks, and applicable on-
condition actions. On-condition actions include repair.
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 agency 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 777-53A0091 RB, dated
April 8, 2019, described previously, except for any differences
identified as exceptions
[[Page 38891]]
in the regulatory text of this proposed AD.
For information on the procedures and compliance times, see this
service information at https://www.regulations.gov by searching for and
locating Docket No. FAA-2019-0603.
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 ``required for
compliance'' (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 12 airplanes of
U.S. registry. The agency 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
----------------------------------------------------------------------------------------------------------------
Detailed and HFEC Inspections.... Up to 79 work-hours $0 Up to $6,715 per Up to $80,580 per
x $85 per hour = inspection cycle. inspection cycle.
Up to $6,715 per
inspection cycle.
----------------------------------------------------------------------------------------------------------------
The FAA has have received no definitive data that would enable us
to provide cost estimates for the on-condition actions specified in
this proposed AD.
According to the manufacturer, some or all of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected individuals. The FAA does not control warranty
coverage for affected individuals. As a result, the agency has included
all known costs in its cost estimate.
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-2019-0603; Product Identifier
2019-NM-087-AD.
(a) Comments Due Date
The FAA must receive comments by September 23, 2019.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company Model 777-300ER and 777F
series airplanes, certificated in any category, as identified in
Boeing Alert Requirements Bulletin 777-53A0091 RB, dated April 8,
2019.
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by an evaluation by the design approval
holder (DAH) indicating that the fuselage stringers, stringer
splices, and skin splice straps are subject to widespread fatigue
damage (WFD). The FAA is issuing this AD to address undetected
fatigue cracks, which could adversely affect the structural
integrity of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
[[Page 38892]]
(g) Required Actions
Except as specified by paragraph (h) of this AD: At the
applicable times specified in the ``Compliance'' paragraph of Boeing
Alert Requirements Bulletin 777-53A0091 RB, dated April 8, 2019, do
all applicable actions identified in, and in accordance with, the
Accomplishment Instructions of Boeing Alert Requirements Bulletin
777-53A0091 RB, dated April 8, 2019.
Note 1 to paragraph (g): Guidance for accomplishing the actions
required by this AD can be found in Boeing Alert Service Bulletin
777-53A0091, dated April 8, 2019, which is referred to in Boeing
Alert Requirements Bulletin 777-53A0091 RB, dated April 8, 2019.
(h) Exceptions to Service Information Specifications
(1) For purposes of determining compliance with the requirements
of this AD: Where Boeing Alert Requirements Bulletin 777-53A0091 RB,
dated April 8, 2019, uses the phrase ``the original issue date of
Requirements Bulletin 777-53A0091 RB'' or ``the original issue date
of this service bulletin,'' this AD requires using ``the effective
date of this AD,'' except where Boeing Alert Requirements Bulletin
777-53A0091 RB, dated April 8, 2019, uses the phrase ``the original
issue date of this service bulletin'' in a note or flag note.
(2) Where Boeing Alert Requirements Bulletin 777-53A0091 RB,
dated April 8, 2019, specifies contacting Boeing for repair
instructions: This AD requires doing the repair before further
flight 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, Seattle 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, Seattle
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.
(j) Related Information
(1) For more information about this AD, contact Eric Lin,
Aerospace Engineer, Airframe Section, FAA, Seattle ACO Branch, 2200
South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3523;
email: [email protected].
(2) For 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. 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 July 26, 2019.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-16841 Filed 8-7-19; 8:45 am]
BILLING CODE 4910-13-P
