Airworthiness Directives; The Boeing Company Airplanes, 65931-65935 [2019-25721]

Download as PDF jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 84, No. 231 / Monday, December 2, 2019 / Proposed Rules In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), the background form (AD– 755), which represents the information collection and recordkeeping requirements that may be imposed by this proposed rule, was previously approved under OMB control number 0581–0093. Adding a producer member and alternate member representing the State of Missouri to the Board would require four additional producers to submit background forms (AD–755) to USDA, once every three years, in order to be considered for appointment to the Board. The Secretary requires two names to be submitted for each open seat on the Board. The public reporting burden is estimated to increase the total burden hours by less than one hour. This additional burden would be included in the existing information collection approved for use under OMB control number 0581–0093. In addition, serving on the Board is optional, and the burden of submitting the background form would be offset by the benefits of additional representation on the Board. As with all Federal promotion programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this proposed rule. AMS is committed to complying with the E-Government Act, to promote the use of the internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. Regarding outreach efforts, the Board discussed Missouri’s peanut production level at its December 4–5, 2018 meeting. All the Board’s meetings are open to the public and interested persons are invited to participate and express their views. The Board notified the primary peanut-producing States (Georgia, Alabama, Texas, Florida, North Carolina, South Carolina, Mississippi, Arkansas, Virginia, Oklahoma and New Mexico) of Missouri’s production numbers by disseminating information through the Board’s weekly newsletter, which is titled News in a Nutshell. The Board voted on August 28, 2019 to recommend adding the State of Missouri as a primary peanut-producing state. We have performed this initial RFA regarding the impact of this proposed action on small entities and we invite comments concerning potential effects of this action on small businesses. VerDate Sep<11>2014 16:24 Nov 29, 2019 Jkt 250001 While this proposed rule as set forth below has not yet received the approval of USDA, it has been determined that it is consistent with and would effectuate the purposes of the 1996 Act. A 30-day comment period is provided to allow interested persons to respond to this proposal. All written comments received in response to this proposed rule will be considered prior to finalizing this action. List of Subjects in 7 CFR Part 1216 Administrative practice and procedure, Advertising, Consumer information, Marketing agreements, Reporting and recordkeeping requirements, Peanut promotion. For the reasons set forth in the preamble, 7 CFR part 1216 is proposed to be amended as follows: PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER 1. The authority citation for 7 CFR part 1216 continues to read as follows: ■ Authority: 7 U.S.C. 7411–7425; 7 U.S.C. 7401. 2. Section 1216.15 is revised to read as follows: ■ § 1216.15 Minor peanut-producing states. Minor peanut-producing states means all peanut-producing states with the exception of Alabama, Arkansas, Florida, Georgia, Mississippi, Missouri, New Mexico, North Carolina, Oklahoma, South Carolina, Texas and Virginia. ■ 3. Section 1216.21 is revised to read as follows: § 1216.21 states. Primary peanut-producing Primary peanut-producing states means Alabama, Arkansas, Florida, Georgia, Mississippi, Missouri, New Mexico, North Carolina, Oklahoma, South Carolina, Texas and Virginia, Provided, these states maintain a 3-year average production of at least 10,000 tons of peanuts. ■ 4. Amend § 1216.40 by revising paragraph (a) introductory text and paragraph(a)(1) to read as follows: § 1216.40 Establishment and membership. (a) Establishment of a National Peanut Board. There is hereby established a National Peanut Board, hereinafter called the Board, composed of no more than 13 peanut producers and alternates, appointed by the Secretary from nominations as follows: (1) Twelve members and alternates. One member and one alternate shall be appointed from each primary peanut- PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 65931 producing state, who are producers and whose nominations have been submitted by certified peanut producer organizations within a primary peanutproducing state. * * * * * Dated: November 25, 2019. Bruce Summers, Administrator. [FR Doc. 2019–25936 Filed 11–29–19; 8:45 am] BILLING CODE 3410–02–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2019–0438; Product Identifier 2019–NM–033–AD] RIN 2120–AA64 Airworthiness Directives; The Boeing Company Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Supplemental notice of proposed rulemaking (SNPRM); reopening of comment period. AGENCY: The FAA is revising an earlier proposal for all The Boeing Company Model 757 airplanes. This action revises the notice of proposed rulemaking (NPRM) by reducing the compliance time for certain airplane configurations. The FAA is proposing this airworthiness directive (AD) to address the unsafe condition on these products. Since these actions would impose an additional burden over those in the NPRM, the FAA is reopening the comment period to allow the public the chance to comment on these changes. DATES: The comment period for the NPRM published in the Federal Register on June 28, 2019 (84 FR 30958), is reopened. The FAA must receive comments on this SNPRM by January 16, 2020. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments. • Fax: 202–493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. • Hand Delivery: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room SUMMARY: E:\FR\FM\02DEP1.SGM 02DEP1 65932 Federal Register / Vol. 84, No. 231 / Monday, December 2, 2019 / Proposed Rules W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this SNPRM, 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 https://www.regulations.gov by searching for and locating Docket No. FAA–2019–0438. 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– 0438; 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 SNPRM, 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: jbell on DSKJLSW7X2PROD 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–2019–0438; Product Identifier 2019–NM–033–AD’’ at the beginning of your comments. The FAA specifically invites comments on the overall regulatory, economic, environmental, and energy aspects of this SNPRM. The FAA will consider all comments received by the closing date and may amend this SNPRM because of those comments. The FAA will post all comments, without change, to https:// www.regulations.gov, including any personal information you provide. The FAA will also post a report summarizing each substantive verbal VerDate Sep<11>2014 16:24 Nov 29, 2019 Jkt 250001 contact the agency receives about this SNPRM. necessary to comply with the requirements of 14 CFR 39.17. Discussion Request To Use Later-Approved Service Information An anonymous commenter requested that the FAA allow the use of laterapproved service information. The commenter stated that doing so would ensure that operators are promptly in compliance with the proposed AD and that all maintenance is certified to the latest-approved version of the maintenance data. The commenter stated that this allowance would remove the wait-time for the proposed AD to be revised to require later revisions of service information, and it would reduce the time it takes to implement the service information and the maintenance costs associated with requesting an AMOC. The commenter noted that the European Union Aviation Safety Agency (EASA) already incorporates the ‘‘or later revision’’ statement in its ADs, and this could demonstrate further harmonization of regulatory control. The FAA disagrees with the commenter’s request. The FAA may not refer to any document that does not yet exist in an AD. In general terms, the FAA is required by Office of the Federal Register (OFR) regulations for approval of materials incorporated by reference, as specified in 1 CFR 51.1(f), to either publish the service document contents as part of the actual AD language; or submit the service document to the OFR for approval as referenced material, in which case the FAA may only refer to such material in the text of an AD. ADs may refer to the service document only if the OFR approved it for incorporation by reference. See 1 CFR 51. To allow operators to use later revisions of the referenced document (issued after publication of the AD), either the FAA must revise the AD to reference specific later revisions, or operators or the manufacturer must request approval to use later revisions as an AMOC with the AD. The FAA has not changed this proposed AD regarding this issue. The FAA issued an NPRM to amend 14 CFR part 39 by adding an AD that would apply to all The Boeing Company Model 757 airplanes. The NPRM published in the Federal Register on June 28, 2019 (84 FR 30958). The NPRM was prompted by a report that during a maintenance check an operator discovered cracking of the aft cargo compartment frames in the station 1460 frame web and inner chord between stringers S–26 and S–27 near an existing repair. The NPRM proposed to require an inspection of the fuselage frames for any existing repair, repetitive surface high frequency eddy current (HFEC) inspections of the fuselage frames with a cargo liner support channel for any cracking, and applicable on-condition actions. Actions Since the NPRM was Issued Since the FAA issued the NPRM, the agency has determined that, for certain airplane configurations, the compliance time must be reduced because these airplanes are subject to higher fatigue loads, which could result in cracking at the frame web and inner chord prior to the compliance times specified in the NPRM. Comments The FAA gave the public the opportunity to comment on the NPRM. The following presents the comments received on the NPRM and the FAA’s response to each comment. Support for the NPRM Boeing, United Airlines (UAL), and Patrick Imperatrice stated their support for the NPRM. Effect of Winglets on Accomplishment of the Proposed Actions Aviation Partners Boeing stated that accomplishing Supplemental Type Certificate (STC) ST01518SE does not affect the actions specified in the proposed AD. The FAA agrees with the commenter. The FAA has redesignated paragraph (c) of the proposed AD (in the NPRM) as paragraph (c)(1) of this proposed AD and added paragraph (c)(2) to this proposed AD to state that installation of STC ST01518SE does not affect the ability to accomplish the actions required by this AD. Therefore, for airplanes on which STC ST01518SE is installed, a ‘‘change in product’’ alternative method of compliance (AMOC) approval request is not PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 Request To Use an Approved Document for the Inspections FedEx requested that the proposed AD be revised to include FAA Form 8110–3 as an approved document for alternative inspections provision in note (a) 2. of Boeing Alert Requirements Bulletin 757–53A0113 RB, dated February 22, 2019. FedEx stated that note (a) 2. to tables 1 through 6 of Boeing Alert Requirements Bulletin 757–53A0113 RB, dated February 22, 2019, states that it is not a requirement E:\FR\FM\02DEP1.SGM 02DEP1 Federal Register / Vol. 84, No. 231 / Monday, December 2, 2019 / Proposed Rules jbell on DSKJLSW7X2PROD with PROPOSALS to do the inspections, in accordance with Boeing Alert Requirements Bulletin 757–53A0113 RB, in areas where a repair covers the affected inspection area if the repair was approved by the Boeing Organization Designation Authorization (ODA) using an FAA Form 8100–9, which contains a repetitive inspection program for the subject area. The FAA disagrees with the commenter’s request. Note (a) 2. of Boeing Alert Requirements Bulletin 757–53A0113 RB, dated February 22, 2019, addresses repairs that are designed as corrective actions to address the unsafe condition, which include a follow-on inspection program. The FAA allows FAA Form 8100–9 for approved repairs that meet the specified criteria, because it is used by the Boeing ODA. The ODA staff are familiar with the unsafe condition addressed by this proposed AD and are able to develop a repair and repetitive inspection program that adequately addresses the unsafe condition. FAA Form 8110–3 is for use by a consultant designated engineering representative (DER), who may not have the same data or knowledge of the unsafe condition as the ODA. For this reason, the FAA does not allow approvals granted via an FAA Form 8110–3 under the provisions of note (a) 2. of Boeing Alert Requirements Bulletin 757–53A0113 RB, dated February 22, 2019. However, operators may request approval of an AMOC under the provisions of paragraph (i) of this proposed AD. The FAA has not changed this proposed AD regarding this issue. Request That Certain Notes Not Be Required in the Service Information FedEx requested that the notes in paragraph ‘‘5.A., General Information,’’ of Boeing Alert Requirements Bulletin 757–53A0113 RB, dated February 22, 2019, only be applied to Boeing Alert Service Bulletin 757–53A0113, dated February 22, 2019. FedEx stated that these notes are just for general information and should not be subject to the proposed AD. FedEx commented that other operators and maintenance, repair, and overhaul (MRO) facilities have acceptable maintenance practices that are approved under 14 CFR 121 and 14 CFR 145. FedEx stated if a note is to be regulated by the proposed AD, then the note should be listed under paragraph ‘‘5.B., Work Instructions’’ of Boeing Alert Requirements Bulletin 757–53A0113 RB, dated February 22, 2019. The FAA agrees to clarify. The notes contained in paragraph ‘‘5.A., General Information,’’ of Boeing Alert Requirements Bulletin 757–53A0113 VerDate Sep<11>2014 16:24 Nov 29, 2019 Jkt 250001 RB, dated February 22, 2019, provide provisions to define or explain different aspects of the service information, including inspection types, dimensions and tolerances, and other information. In general, these notes are relieving. If certain notes were not included in Boeing Alert Requirements Bulletin 757–53A0113 RB, dated February 22, 2019, operators would need to request AMOC approvals for items like fastener substitutions and tolerances for different dimensions or torque values. Therefore, operators should not need AMOCs for items covered by the notes. The FAA has not changed this proposed AD regarding this issue. Request To Remove Open and Close Access Requirements FedEx requested that either open and close access requirements be removed from Boeing Alert Requirements Bulletin 757–53A0113 RB, dated February 22, 2019, or Boeing should return to issuing only ‘‘Alert Service Bulletins’’ with marked ‘‘RC’’ (required for compliance) steps. FedEx stated that tables 1 through 8 of paragraph ‘‘5.B.1., Requirements’’ of Boeing Alert Requirements Bulletin 757–53A0113 RB, dated February 22, 2019, include actions for open and close access. FedEx commented that having these actions within the Requirements Bulletin makes them mandatory and regulated under the proposed AD. FedEx stated that the reason for moving to Requirements Bulletins was to eliminate the need for an AMOC for items like access and general maintenance practices. The FAA agrees to clarify. The open and close access steps are not identified in the ‘‘Action’’ column in the tables in the Accomplishment Instructions of Boeing Alert Requirements Bulletin 757–53A0113 RB, dated February 22, 2019, and therefore are not required by this AD. The open and close access steps in the ‘‘Refer to’’ column in the tables in the Accomplishment Instructions of Boeing Alert Requirements Bulletin 757–53A0113 RB, dated February 22, 2019, are only there to specify one method for open and close access if needed. Operators may use accepted methods for open and close access in accordance with the operator’s maintenance or inspection program without obtaining approval of an AMOC. The FAA has not changed this proposed AD regarding this issue. Request To Revise the NPRM for Certain Airplane Configurations FedEx requested that the NPRM be revised for certain airplane configurations. FedEx stated that its Model 757–200 airplanes were PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 65933 converted to a configuration similar to Boeing Model 757–200SF airplanes using VT Mobile Aerospace Engineering (VTMAE) STC ST03562AT, and are no longer configured as a passenger airplane. FedEx commented that according to Boeing Alert Requirements Bulletin 757–53A0113 RB, dated February 22, 2019, its Model 757–200 fleet falls under groups 2, 7, and 10. FedEx also commented that per VTMAE STC ST03562AT, the area addressed by the proposed AD are not altered, but are subject to Model 757–200SF loads. Therefore, FedEx requested to utilize the inspections and methods for groups 2, 7, and 10 airplanes, but utilize the compliance times for groups 3 and 5 airplanes; this would reduce the repetitive interval from 6,000 flight cycles to 4,000 flight cycles. In addition, FedEx requested that this change be incorporated into the proposed AD so that it will not have to request an AMOC. The FAA agrees with the commenter that VTMAE STC ST03562AT converts Model 757–200 passenger airplanes to a cargo configuration that is similar to Model 757–200SF airplanes. Since airplanes that have been modified from a passenger configuration to a freighter configuration by STC ST03562AT are subjected to increased freighter fatigue loads, these airplanes need to be inspected at the reduced compliance times. Therefore, the FAA has added paragraph (g)(2) to this proposed AD, which requires airplanes that have been converted from a passenger to freighter configuration using VTMAE STC ST03562AT, to do all applicable actions for groups 2, 7, and 10 airplanes as identified in, and in accordance with, the Accomplishment Instructions of Boeing Alert Requirements Bulletin 757–53A0113 RB, dated February 22, 2019, at the times specified for groups 3 and 5 airplanes, as applicable, in the ‘‘Compliance’’ paragraph of Boeing Alert Requirements Bulletin 757– 53A0113 RB, dated February 22, 2019. Related Service Information Under 1 CFR Part 51 The FAA reviewed Boeing Alert Requirements Bulletin 757–53A0113 RB, dated February 22, 2019. This service information describes procedures for a general visual inspection of the fuselage frames with a cargo liner support channel for any existing repair, repetitive surface HFEC inspections of the fuselage frames with a cargo liner support channel for any cracking, and applicable on-condition actions. On-condition actions include a general visual inspection of the fuselage frames adjacent to a frame with a E:\FR\FM\02DEP1.SGM 02DEP1 65934 Federal Register / Vol. 84, No. 231 / Monday, December 2, 2019 / Proposed Rules period to provide additional opportunity for the public to comment on this SNPRM. severed inner chord for any existing repair, a detailed inspection and a surface HFEC inspection of the fuselage frames adjacent to a frame with a severed inner chord for any cracking, and 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. Proposed Requirements of This SNPRM This SNPRM would require accomplishing the actions specified in the service information described previously, except as discussed under ‘‘Differences Between this Proposed AD and the Service Information.’’ 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– 0438. 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. Certain changes described above expand the scope of the NPRM. As a result, the FAA has determined that it is necessary to reopen the comment Differences Between This SNPRM and the Service Information This proposed AD requires that airplanes that have been converted from a passenger to freighter configuration using VTMAE STC ST03562AT, do all applicable actions identified in, and in accordance with groups 2, 7 and 10 airplanes, of the Accomplishment Instructions of Boeing Alert Requirements Bulletin 757–53A0113 RB, dated February 22, 2019, at the applicable times specified in the ‘‘Compliance’’ paragraph for groups 3 and 5 airplanes, of Boeing Alert Requirements Bulletin 757–53A0113 RB, dated February 22, 2019. These airplanes are subject to higher fatigue loads and require a reduced compliance time from 6,000 flight cycles to 4,000 flight cycles. Costs of Compliance The FAA estimates that this proposed AD affects 544 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. Repetitive surface HFEC inspections. 37 work-hours × $85 per hour = $3,145 ............ $0 Up to 37 work-hours × $85 per hour = Up to $3,145 per inspection cycle. 0 The FAA estimates the following costs to do any necessary on-condition Parts cost Cost per product Cost on U.S. operators $3,145 .......................... $1,710,880. Up to $3,145 per inspection cycle. Up to $1,710,880 per inspection cycle. inspections that would be required. The FAA has no way of determining the number of aircraft that might need these on-condition inspections: ESTIMATED COSTS OF ON-CONDITION ACTIONS Labor cost Parts cost Up to 20 work-hour × $85 per hour = Up to $1,700 per inspection cycle ................... The FAA has received no definitive data that would enable us to provide cost estimates for the on-condition repair specified in this proposed AD. jbell on DSKJLSW7X2PROD with PROPOSALS 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 VerDate Sep<11>2014 16:24 Nov 29, 2019 Jkt 250001 Cost per product $0 Up to $1,700 per inspection cycle. 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. 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. Regulatory Findings Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. 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 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 List of Subjects in 14 CFR Part 39 The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, E:\FR\FM\02DEP1.SGM 02DEP1 Federal Register / Vol. 84, No. 231 / Monday, December 2, 2019 / Proposed Rules 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– 2019–0438; Product Identifier 2019– NM–033–AD. (a) Comments Due Date The FAA must receive comments by January 16, 2020. (b) Affected ADs None. (c) Applicability (1) This AD applies to all The Boeing Company Model 757–200, –200PF, –200CB, and –300 series airplanes, certificated in any category. (2) Installation of Supplemental Type Certificate (STC) ST01518SE does not affect the ability to accomplish the actions required by this AD. Therefore, for airplanes on which STC ST01518SE is installed, a ‘‘change in product’’ alternative method of compliance (AMOC) approval request is not necessary to comply with the requirements of 14 CFR 39.17. (d) Subject Air Transport Association (ATA) of America Code 53, Fuselage. (e) Unsafe Condition This AD was prompted by a report that during a maintenance check an operator discovered cracking of the aft cargo compartment frames in the station 1460 frame web and inner chord between certain stringers. The FAA is issuing this AD to address cracking at the frame web and inner chord; such cracks could propagate until they cause a severed frame, which could result in additional undetected cracking in adjacent fuselage frames, and could ultimately result in reduced structural integrity of the aft cargo frames and consequent rapid decompression of the airplane. jbell on DSKJLSW7X2PROD with PROPOSALS (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Required Actions (1) Except as specified by paragraphs (g)(2) and (h) of this AD: At the applicable times specified in the ‘‘Compliance’’ paragraph of Boeing Alert Requirements Bulletin 757– 53A0113 RB, dated February 22, 2019, do all applicable actions identified in, and in accordance with, the Accomplishment Instructions of Boeing Alert Requirements Bulletin 757–53A0113 RB, dated February 22, 2019. VerDate Sep<11>2014 16:24 Nov 29, 2019 Jkt 250001 Note 1 to paragraph (g): Guidance for accomplishing the actions required by this AD can be found in Boeing Alert Service Bulletin 757–53A0113, dated February 22, 2019, which is referred to in Boeing Alert Requirements Bulletin 757–53A0113 RB, dated February 22, 2019. (2) For airplanes that have been converted from a passenger to freighter configuration using VT Mobile Aerospace Engineering (VTMAE) STC ST03562AT: Except as specified by paragraph (h) of this AD, at the times specified for groups 3 and 5 airplanes, as applicable, in the ‘‘Compliance’’ paragraph of Boeing Alert Requirements Bulletin 757– 53A0113 RB, dated February 22, 2019, do all applicable actions for groups 2, 7, and 10 airplanes as identified in, and in accordance with the Accomplishment Instructions of Boeing Alert Requirements Bulletin 757– 53A0113 RB, dated February 22, 2019. (h) Exceptions to Service Information Specifications (1) For purposes of determining compliance with the requirements of this AD: Where Boeing Alert Requirements Bulletin 757–53A0113 RB, dated February 22, 2019, uses the phrase ‘‘the original issue date of Requirements Bulletin 757–53A0113 RB,’’ this AD requires using ‘‘the effective date of this AD,’’ except where Boeing Alert Requirements Bulletin 757–53A0113 RB, dated February 22, 2019, uses the phrase ‘‘the original issue date of Requirements Bulletin 757–53A0113 RB’’ in a note or flag note. (2) Where Boeing Alert Requirements Bulletin 757–53A0113 RB, dated February 22, 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 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, 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, 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 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 65935 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 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 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 November 20, 2019. Dorr Anderson, Acting Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2019–25721 Filed 11–29–19; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2019–0877; Product Identifier 2019–NM–146–AD] RIN 2120–AA64 Airworthiness Directives; Bombardier, Inc., 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 Bombardier, Inc., Model CL– 600–2B19 (Regional Jet Series 100 & 440) airplanes. This proposed AD was prompted by a report that a fouling condition was found between the generator power cables and the support brackets of the auxiliary-aft fuel tank during production. This proposed AD would require a visual inspection of the generator power cables for damage, installation of protective conduits and edging grommets, and applicable corrective 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 January 16, 2020. ADDRESSES: You may send comments, using the procedures found in 14 CFR SUMMARY: E:\FR\FM\02DEP1.SGM 02DEP1

Agencies

[Federal Register Volume 84, Number 231 (Monday, December 2, 2019)]
[Proposed Rules]
[Pages 65931-65935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25721]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0438; Product Identifier 2019-NM-033-AD]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (SNPRM); reopening 
of comment period.

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SUMMARY: The FAA is revising an earlier proposal for all The Boeing 
Company Model 757 airplanes. This action revises the notice of proposed 
rulemaking (NPRM) by reducing the compliance time for certain airplane 
configurations. The FAA is proposing this airworthiness directive (AD) 
to address the unsafe condition on these products. Since these actions 
would impose an additional burden over those in the NPRM, the FAA is 
reopening the comment period to allow the public the chance to comment 
on these changes.

DATES: The comment period for the NPRM published in the Federal 
Register on June 28, 2019 (84 FR 30958), is reopened.
    The FAA must receive comments on this SNPRM by January 16, 2020.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room

[[Page 65932]]

W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this SNPRM, 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 https://www.regulations.gov by searching 
for and locating Docket No. FAA-2019-0438.

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-
0438; 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 SNPRM, 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-2019-0438; 
Product Identifier 2019-NM-033-AD'' at the beginning of your comments. 
The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this SNPRM. The FAA will 
consider all comments received by the closing date and may amend this 
SNPRM because of those comments.
    The FAA will post all comments, without change, to https://www.regulations.gov, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact the agency receives about this SNPRM.

Discussion

    The FAA issued an NPRM to amend 14 CFR part 39 by adding an AD that 
would apply to all The Boeing Company Model 757 airplanes. The NPRM 
published in the Federal Register on June 28, 2019 (84 FR 30958). The 
NPRM was prompted by a report that during a maintenance check an 
operator discovered cracking of the aft cargo compartment frames in the 
station 1460 frame web and inner chord between stringers S-26 and S-27 
near an existing repair. The NPRM proposed to require an inspection of 
the fuselage frames for any existing repair, repetitive surface high 
frequency eddy current (HFEC) inspections of the fuselage frames with a 
cargo liner support channel for any cracking, and applicable on-
condition actions.

Actions Since the NPRM was Issued

    Since the FAA issued the NPRM, the agency has determined that, for 
certain airplane configurations, the compliance time must be reduced 
because these airplanes are subject to higher fatigue loads, which 
could result in cracking at the frame web and inner chord prior to the 
compliance times specified in the NPRM.

Comments

    The FAA gave the public the opportunity to comment on the NPRM. The 
following presents the comments received on the NPRM and the FAA's 
response to each comment.

Support for the NPRM

    Boeing, United Airlines (UAL), and Patrick Imperatrice stated their 
support for the NPRM.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that accomplishing Supplemental 
Type Certificate (STC) ST01518SE does not affect the actions specified 
in the proposed AD.
    The FAA agrees with the commenter. The FAA has redesignated 
paragraph (c) of the proposed AD (in the NPRM) as paragraph (c)(1) of 
this proposed AD and added paragraph (c)(2) to this proposed AD to 
state that installation of STC ST01518SE does not affect the ability to 
accomplish the actions required by this AD. Therefore, for airplanes on 
which STC ST01518SE is installed, a ``change in product'' alternative 
method of compliance (AMOC) approval request is not necessary to comply 
with the requirements of 14 CFR 39.17.

Request To Use Later-Approved Service Information

    An anonymous commenter requested that the FAA allow the use of 
later-approved service information. The commenter stated that doing so 
would ensure that operators are promptly in compliance with the 
proposed AD and that all maintenance is certified to the latest-
approved version of the maintenance data. The commenter stated that 
this allowance would remove the wait-time for the proposed AD to be 
revised to require later revisions of service information, and it would 
reduce the time it takes to implement the service information and the 
maintenance costs associated with requesting an AMOC. The commenter 
noted that the European Union Aviation Safety Agency (EASA) already 
incorporates the ``or later revision'' statement in its ADs, and this 
could demonstrate further harmonization of regulatory control.
    The FAA disagrees with the commenter's request. The FAA may not 
refer to any document that does not yet exist in an AD. In general 
terms, the FAA is required by Office of the Federal Register (OFR) 
regulations for approval of materials incorporated by reference, as 
specified in 1 CFR 51.1(f), to either publish the service document 
contents as part of the actual AD language; or submit the service 
document to the OFR for approval as referenced material, in which case 
the FAA may only refer to such material in the text of an AD. ADs may 
refer to the service document only if the OFR approved it for 
incorporation by reference. See 1 CFR 51.
    To allow operators to use later revisions of the referenced 
document (issued after publication of the AD), either the FAA must 
revise the AD to reference specific later revisions, or operators or 
the manufacturer must request approval to use later revisions as an 
AMOC with the AD. The FAA has not changed this proposed AD regarding 
this issue.

Request To Use an Approved Document for the Inspections

    FedEx requested that the proposed AD be revised to include FAA Form 
8110-3 as an approved document for alternative inspections provision in 
note (a) 2. of Boeing Alert Requirements Bulletin 757-53A0113 RB, dated 
February 22, 2019. FedEx stated that note (a) 2. to tables 1 through 6 
of Boeing Alert Requirements Bulletin 757-53A0113 RB, dated February 
22, 2019, states that it is not a requirement

[[Page 65933]]

to do the inspections, in accordance with Boeing Alert Requirements 
Bulletin 757-53A0113 RB, in areas where a repair covers the affected 
inspection area if the repair was approved by the Boeing Organization 
Designation Authorization (ODA) using an FAA Form 8100-9, which 
contains a repetitive inspection program for the subject area.
    The FAA disagrees with the commenter's request. Note (a) 2. of 
Boeing Alert Requirements Bulletin 757-53A0113 RB, dated February 22, 
2019, addresses repairs that are designed as corrective actions to 
address the unsafe condition, which include a follow-on inspection 
program. The FAA allows FAA Form 8100-9 for approved repairs that meet 
the specified criteria, because it is used by the Boeing ODA. The ODA 
staff are familiar with the unsafe condition addressed by this proposed 
AD and are able to develop a repair and repetitive inspection program 
that adequately addresses the unsafe condition. FAA Form 8110-3 is for 
use by a consultant designated engineering representative (DER), who 
may not have the same data or knowledge of the unsafe condition as the 
ODA. For this reason, the FAA does not allow approvals granted via an 
FAA Form 8110-3 under the provisions of note (a) 2. of Boeing Alert 
Requirements Bulletin 757-53A0113 RB, dated February 22, 2019. However, 
operators may request approval of an AMOC under the provisions of 
paragraph (i) of this proposed AD. The FAA has not changed this 
proposed AD regarding this issue.

Request That Certain Notes Not Be Required in the Service Information

    FedEx requested that the notes in paragraph ``5.A., General 
Information,'' of Boeing Alert Requirements Bulletin 757-53A0113 RB, 
dated February 22, 2019, only be applied to Boeing Alert Service 
Bulletin 757-53A0113, dated February 22, 2019. FedEx stated that these 
notes are just for general information and should not be subject to the 
proposed AD. FedEx commented that other operators and maintenance, 
repair, and overhaul (MRO) facilities have acceptable maintenance 
practices that are approved under 14 CFR 121 and 14 CFR 145. FedEx 
stated if a note is to be regulated by the proposed AD, then the note 
should be listed under paragraph ``5.B., Work Instructions'' of Boeing 
Alert Requirements Bulletin 757-53A0113 RB, dated February 22, 2019.
    The FAA agrees to clarify. The notes contained in paragraph ``5.A., 
General Information,'' of Boeing Alert Requirements Bulletin 757-
53A0113 RB, dated February 22, 2019, provide provisions to define or 
explain different aspects of the service information, including 
inspection types, dimensions and tolerances, and other information. In 
general, these notes are relieving. If certain notes were not included 
in Boeing Alert Requirements Bulletin 757-53A0113 RB, dated February 
22, 2019, operators would need to request AMOC approvals for items like 
fastener substitutions and tolerances for different dimensions or 
torque values. Therefore, operators should not need AMOCs for items 
covered by the notes. The FAA has not changed this proposed AD 
regarding this issue.

Request To Remove Open and Close Access Requirements

    FedEx requested that either open and close access requirements be 
removed from Boeing Alert Requirements Bulletin 757-53A0113 RB, dated 
February 22, 2019, or Boeing should return to issuing only ``Alert 
Service Bulletins'' with marked ``RC'' (required for compliance) steps. 
FedEx stated that tables 1 through 8 of paragraph ``5.B.1., 
Requirements'' of Boeing Alert Requirements Bulletin 757-53A0113 RB, 
dated February 22, 2019, include actions for open and close access. 
FedEx commented that having these actions within the Requirements 
Bulletin makes them mandatory and regulated under the proposed AD. 
FedEx stated that the reason for moving to Requirements Bulletins was 
to eliminate the need for an AMOC for items like access and general 
maintenance practices.
    The FAA agrees to clarify. The open and close access steps are not 
identified in the ``Action'' column in the tables in the Accomplishment 
Instructions of Boeing Alert Requirements Bulletin 757-53A0113 RB, 
dated February 22, 2019, and therefore are not required by this AD. The 
open and close access steps in the ``Refer to'' column in the tables in 
the Accomplishment Instructions of Boeing Alert Requirements Bulletin 
757-53A0113 RB, dated February 22, 2019, are only there to specify one 
method for open and close access if needed. Operators may use accepted 
methods for open and close access in accordance with the operator's 
maintenance or inspection program without obtaining approval of an 
AMOC. The FAA has not changed this proposed AD regarding this issue.

Request To Revise the NPRM for Certain Airplane Configurations

    FedEx requested that the NPRM be revised for certain airplane 
configurations. FedEx stated that its Model 757-200 airplanes were 
converted to a configuration similar to Boeing Model 757-200SF 
airplanes using VT Mobile Aerospace Engineering (VTMAE) STC ST03562AT, 
and are no longer configured as a passenger airplane. FedEx commented 
that according to Boeing Alert Requirements Bulletin 757-53A0113 RB, 
dated February 22, 2019, its Model 757-200 fleet falls under groups 2, 
7, and 10. FedEx also commented that per VTMAE STC ST03562AT, the area 
addressed by the proposed AD are not altered, but are subject to Model 
757-200SF loads. Therefore, FedEx requested to utilize the inspections 
and methods for groups 2, 7, and 10 airplanes, but utilize the 
compliance times for groups 3 and 5 airplanes; this would reduce the 
repetitive interval from 6,000 flight cycles to 4,000 flight cycles. In 
addition, FedEx requested that this change be incorporated into the 
proposed AD so that it will not have to request an AMOC.
    The FAA agrees with the commenter that VTMAE STC ST03562AT converts 
Model 757-200 passenger airplanes to a cargo configuration that is 
similar to Model 757-200SF airplanes. Since airplanes that have been 
modified from a passenger configuration to a freighter configuration by 
STC ST03562AT are subjected to increased freighter fatigue loads, these 
airplanes need to be inspected at the reduced compliance times. 
Therefore, the FAA has added paragraph (g)(2) to this proposed AD, 
which requires airplanes that have been converted from a passenger to 
freighter configuration using VTMAE STC ST03562AT, to do all applicable 
actions for groups 2, 7, and 10 airplanes as identified in, and in 
accordance with, the Accomplishment Instructions of Boeing Alert 
Requirements Bulletin 757-53A0113 RB, dated February 22, 2019, at the 
times specified for groups 3 and 5 airplanes, as applicable, in the 
``Compliance'' paragraph of Boeing Alert Requirements Bulletin 757-
53A0113 RB, dated February 22, 2019.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Requirements Bulletin 757-53A0113 RB, 
dated February 22, 2019. This service information describes procedures 
for a general visual inspection of the fuselage frames with a cargo 
liner support channel for any existing repair, repetitive surface HFEC 
inspections of the fuselage frames with a cargo liner support channel 
for any cracking, and applicable on-condition actions. On-condition 
actions include a general visual inspection of the fuselage frames 
adjacent to a frame with a

[[Page 65934]]

severed inner chord for any existing repair, a detailed inspection and 
a surface HFEC inspection of the fuselage frames adjacent to a frame 
with a severed inner chord for any cracking, and 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. Certain changes described above expand the scope of the 
NPRM. As a result, the FAA has determined that it is necessary to 
reopen the comment period to provide additional opportunity for the 
public to comment on this SNPRM.

Proposed Requirements of This SNPRM

    This SNPRM would require accomplishing the actions specified in the 
service information described previously, except as discussed under 
``Differences Between this Proposed AD and the Service Information.'' 
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-2019-0438.

Differences Between This SNPRM and the Service Information

    This proposed AD requires that airplanes that have been converted 
from a passenger to freighter configuration using VTMAE STC ST03562AT, 
do all applicable actions identified in, and in accordance with groups 
2, 7 and 10 airplanes, of the Accomplishment Instructions of Boeing 
Alert Requirements Bulletin 757-53A0113 RB, dated February 22, 2019, at 
the applicable times specified in the ``Compliance'' paragraph for 
groups 3 and 5 airplanes, of Boeing Alert Requirements Bulletin 757-
53A0113 RB, dated February 22, 2019. These airplanes are subject to 
higher fatigue loads and require a reduced compliance time from 6,000 
flight cycles to 4,000 flight cycles.

Costs of Compliance

    The FAA estimates that this proposed AD affects 544 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......  37 work-hours x $85 per              $0  $3,145............  $1,710,880.
                                  hour = $3,145.
Repetitive surface HFEC          Up to 37 work-hours x                 0  Up to $3,145 per    Up to $1,710,880
 inspections.                     $85 per hour = Up to                     inspection cycle.   per inspection
                                  $3,145 per inspection                                        cycle.
                                  cycle.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition inspections that would be required. The FAA has no way of 
determining the number of aircraft that might need these on-condition 
inspections:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
            Labor cost                Parts cost      Cost per product
------------------------------------------------------------------------
Up to 20 work-hour x $85 per hour               $0  Up to $1,700 per
 = Up to $1,700 per inspection                       inspection cycle.
 cycle.
------------------------------------------------------------------------

    The FAA has received no definitive data that would enable us 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,

[[Page 65935]]

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-2019-0438; Product Identifier 
2019-NM-033-AD.

(a) Comments Due Date

    The FAA must receive comments by January 16, 2020.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to all The Boeing Company Model 757-200, -
200PF, -200CB, and -300 series airplanes, certificated in any 
category.
    (2) Installation of Supplemental Type Certificate (STC) 
ST01518SE does not affect the ability to accomplish the actions 
required by this AD. Therefore, for airplanes on which STC ST01518SE 
is installed, a ``change in product'' alternative method of 
compliance (AMOC) approval request is not necessary to comply with 
the requirements of 14 CFR 39.17.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a report that during a maintenance check 
an operator discovered cracking of the aft cargo compartment frames 
in the station 1460 frame web and inner chord between certain 
stringers. The FAA is issuing this AD to address cracking at the 
frame web and inner chord; such cracks could propagate until they 
cause a severed frame, which could result in additional undetected 
cracking in adjacent fuselage frames, and could ultimately result in 
reduced structural integrity of the aft cargo frames and consequent 
rapid decompression of the airplane.

(f) Compliance

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

(g) Required Actions

    (1) Except as specified by paragraphs (g)(2) and (h) of this AD: 
At the applicable times specified in the ``Compliance'' paragraph of 
Boeing Alert Requirements Bulletin 757-53A0113 RB, dated February 
22, 2019, do all applicable actions identified in, and in accordance 
with, the Accomplishment Instructions of Boeing Alert Requirements 
Bulletin 757-53A0113 RB, dated February 22, 2019.

    Note 1 to paragraph (g): Guidance for accomplishing the actions 
required by this AD can be found in Boeing Alert Service Bulletin 
757-53A0113, dated February 22, 2019, which is referred to in Boeing 
Alert Requirements Bulletin 757-53A0113 RB, dated February 22, 2019.

    (2) For airplanes that have been converted from a passenger to 
freighter configuration using VT Mobile Aerospace Engineering 
(VTMAE) STC ST03562AT: Except as specified by paragraph (h) of this 
AD, at the times specified for groups 3 and 5 airplanes, as 
applicable, in the ``Compliance'' paragraph of Boeing Alert 
Requirements Bulletin 757-53A0113 RB, dated February 22, 2019, do 
all applicable actions for groups 2, 7, and 10 airplanes as 
identified in, and in accordance with the Accomplishment 
Instructions of Boeing Alert Requirements Bulletin 757-53A0113 RB, 
dated February 22, 2019.

(h) Exceptions to Service Information Specifications

    (1) For purposes of determining compliance with the requirements 
of this AD: Where Boeing Alert Requirements Bulletin 757-53A0113 RB, 
dated February 22, 2019, uses the phrase ``the original issue date 
of Requirements Bulletin 757-53A0113 RB,'' this AD requires using 
``the effective date of this AD,'' except where Boeing Alert 
Requirements Bulletin 757-53A0113 RB, dated February 22, 2019, uses 
the phrase ``the original issue date of Requirements Bulletin 757-
53A0113 RB'' in a note or flag note.
    (2) Where Boeing Alert Requirements Bulletin 757-53A0113 RB, 
dated February 22, 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 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, 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.

(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 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 November 20, 2019.
Dorr Anderson,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-25721 Filed 11-29-19; 8:45 am]
BILLING CODE 4910-13-P