Airworthiness Directives; The Boeing Company Airplanes, 65931-65935 [2019-25721]
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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.
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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-
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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:
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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:
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Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. Send
your comments to an address listed
under the ADDRESSES section. Include
‘‘Docket No. FAA–2019–0438; 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
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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
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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
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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
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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
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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
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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.
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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
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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
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List of Subjects in 14 CFR Part 39
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
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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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
