Airworthiness Directives; The Boeing Company Airplanes, 67179-67183 [2019-26400]

Download as PDF Federal Register / Vol. 84, No. 236 / Monday, December 9, 2019 / Rules and Regulations www.archives.gov/federal-register/cfr/ibrlocations.html. Issued in Des Moines, Washington, on November 18, 2019. Michael Kaszycki, Acting Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2019–26399 Filed 12–6–19; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2019–0437; Product Identifier 2019–NM–074–AD; Amendment 39–19800; AD 2019–23–06] RIN 2120–AA64 Airworthiness Directives; The Boeing Company Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: The FAA is adopting a new airworthiness directive (AD) for certain The Boeing Company Model 757–200, –200CB, and –300 series airplanes. This AD was prompted by reports of cracks initiating in the fuselage frame web at body station (STA) 1640. This AD requires, depending on configuration, a general visual inspection for any previous repair, such as any reinforcing repair or local frame replacement repair, repetitive open hole high frequency eddy current (HFEC) inspections for any crack of the fuselage frame web fastener holes, on the left and right side of the airplane, and applicable on-condition actions. The FAA is issuing this AD to address the unsafe condition on these products. SUMMARY: This AD is effective January 13, 2020. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of January 13, 2020. ADDRESSES: For Boeing service information identified in this final rule, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110–SK57, Seal Beach, CA 90740–5600; phone: 562–797–1717; internet: https:// www.myboeingfleet.com. For Aviation Partners Boeing service information identified in this final rule, contact Aviation Partners Boeing, 2811 South 102nd St., Suite 200, Seattle, WA 98168; phone: 206–830–7699; fax: 206– 767–0535; email: leng@ tkelley on DSKBCP9HB2PROD with RULES DATES: VerDate Sep<11>2014 16:48 Dec 06, 2019 Jkt 250001 aviationpartners.com; internet: https:// www.aviationpartnersboeing.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– 0437. Examining the AD Docket You may examine the AD docket on the internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2019– 0437; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, the regulatory evaluation, any comments received, and other information. The address for Docket Operations is U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. 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: Discussion The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain The Boeing Company Model 757–200, –200CB, and –300 series airplanes. The NPRM published in the Federal Register on June 21, 2019 (84 FR 29102). The NPRM was prompted by reports of cracks initiating in the fuselage frame web at STA 1640. The NPRM proposed to require, depending on configuration, a general visual inspection for any previous repair, such as any reinforcing repair or local frame replacement repair, repetitive open hole HFEC inspections for any crack of the fuselage frame web fastener holes, on the left and right side of the airplane, and applicable oncondition actions. The FAA is issuing this AD to address cracks initiating in the fuselage frame web at STA 1640, which could result in reduced structural integrity of the airplane. Comments The FAA gave the public the opportunity to participate in developing PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 67179 this final rule. The following presents the comments received on the NPRM and the FAA’s response to each comment. Support for the NPRM United Airlines and Aviation Partners Boeing (APB) provided their concurrence with the NPRM. Request To Clarify Costs of Required Actions Boeing requested that the FAA clarify the costs of the actions required by the NPRM by separating the access and close-out hours as separate actions, and specifying that the on-condition costs are providing the costs of oversizing fastener holes, if necessary. Boeing pointed out that the costs listed also include the access and close-out hours, which comprise the majority of the hours for each action, causing the required actions to appear overly expensive. Boeing mentioned that operators are expected to do either a one-time general visual inspection, followed by an open hole HFEC inspection, or do an open hole HFEC inspection, depending on the condition and utilization rate of the airplane. Boeing also pointed out that the oncondition costs are not defined in the service information and that the NPRM is unclear if the on-condition costs refer to fastener replacement installations or fastener hole oversizing. Additionally, Boeing mentioned that the costs of fastener re-installation are already included in the costs for an open hole HFEC inspection. However, Boeing stated that the FAA estimate of one work-hour per airplane for on-condition costs of oversizing fastener holes seems reasonable. The FAA agrees with the request to clarify the costs of the actions required by this AD for the reasons provided. The FAA has revised the cost estimates provided in this AD to clarify the costs of the required actions to include access and close-out hours only as part of the costs for the HFEC inspections, and to revise the work-hours for the general visual inspection to specify only 1 work-hour. We have also revised the cost estimates in this AD to specify that the on-condition costs are the costs of oversizing fastener holes. Request To Clarify the Unsafe Condition Boeing requested that the FAA clarify the unsafe condition. Boeing pointed out that the unsafe condition mitigated by the proposed AD is for cracks initiating in the fuselage frame web at STA 1640 in hidden areas that may not be sufficiently detectable by doing the C:\TARSHA\09DER1.SGM 09DER1 67180 Federal Register / Vol. 84, No. 236 / Monday, December 9, 2019 / Rules and Regulations actions specified in Boeing Alert Service Bulletin 757–53A0108. The FAA agrees that clarification is necessary and that the actions specified in Boeing Alert Service Bulletin 757– 53A0108 are not adequate for reliable detection of cracks that initiate in the fuselage frame web at STA 1640. AD 2018–06–07, Amendment 39–19227 (83 FR 13398, March 29, 2018) (‘‘AD 2018– 06–07’’) requires inspections in accordance with Boeing Alert Service Bulletin 757–53A0108, dated November 14, 2016. However, the FAA does not agree that referring to hidden areas is clarifying, because the term ‘‘hidden areas’’ is vague. The FAA has revised the unsafe condition specified in paragraph (e) of this AD to specify that this AD is addressing cracks initiating in the fuselage frame web at STA 1640, which, if not detected and corrected, could result in reduced structural integrity of the airplane. tkelley on DSKBCP9HB2PROD with RULES Request To Clarify the Types of Winglets Specified in the Proposed ADXXXXXXXXXXXXXXXXXX Boeing requested that the FAA revise paragraph (g)(2) of the proposed AD to clarify the types of winglets that may be installed on The Boeing Company Model 757 airplanes. Boeing pointed out that the types of winglets described in Supplemental Type Certificate (STC) ST01518SE and in APB’s service bulletin AP757–53–002 are specified as ‘‘blended and scimitar blended winglets,’’ not ‘‘scimitar winglets.’’ Boeing also pointed out that paragraph (g)(2) of the proposed AD referred to ‘‘blended or scimitar winglets.’’ The FAA agrees for the reasons provided and has revised paragraph (g)(2) of this AD accordingly. Request To Specify That Certain Freighter Conversion Airplanes Perform the Actions Specified for Groups 2 and 5 FedEx and VT Mobile Aerospace Engineering (MAE) Inc., requested that the FAA revise the NPRM to specify that Group 1 and 4 airplanes that have been modified to freighter configuration using VT MAE Inc. STC ST03562AT, perform the actions specified for Groups 2 and 5, as specified in Boeing Alert Requirements Bulletin 757–53A0112 RB, dated November 16, 2018. VT MAE Inc. pointed out that at the STA 1640 frame, in the stringer 14 left hand side and right hand side area, the modification to freighter configuration using VT MAE Inc. STC ST03562AT, is identical to that of The Boeing Company Model 757–200 special freighter airplanes identified as Groups 2 and 5 in Boeing Alert Requirements Bulletin VerDate Sep<11>2014 16:48 Dec 06, 2019 Jkt 250001 757–53A0112 RB, dated November 16, 2018. FedEx noted that its fleet of The Boeing Company Model 757–200 airplanes were converted to a configuration similar to The Boeing Company Model 757–200 special freighter airplanes, and are no longer configured as passenger airplanes. FedEx pointed out that as written, Boeing Alert Requirements Bulletin 757–53A0112 RB, dated November 16, 2018, Groups the FedEx fleet into Groups 1 and 4, and that the inspection areas for those Groups are no longer applicable. FedEx requested that the FAA incorporate its suggested changes into the final rule to avoid the need for an alternative method of compliance (AMOC) after issuance of the final rule. The FAA agrees with the request for the reasons provided. The FAA has added paragraphs (g)(3) and (g)(4) of this AD to require, for airplanes that have been converted from passenger to freighter configuration using VT MAE Inc. STC ST03562AT, the actions required for Groups 2 and 5, as applicable, as specified in Boeing Alert Requirements Bulletin 757–53A0112 RB, dated November 16, 2018. Request To Terminate the Inspection Requirements if a Repair Is Installed for a Crack Finding FedEx requested that the FAA allow termination of the inspection requirements if a repair is installed for a crack finding. FedEx pointed out that if a repair is installed for a crack finding, the repair instructions obtained from The Boeing Company Organization Designation Authorization (ODA), the STC holder, or the FAA would have repetitive inspection requirements separate from those specified in the NPRM. The FAA infers that FedEx is requesting termination of the inspection requirements to help avoid overlapping inspections in a repaired area. The FAA disagrees with the request to allow termination of the inspection requirements if a repair is installed for a crack finding. At this time, the service information does not include an approved repair that resolves the unsafe condition addressed by this AD. Inspections for repairs required by FAA regulations address structural failure due to fatigue, corrosion, manufacturing defects, or accidental damage, and do not resolve unsafe conditions that are addressed by an AD. If a repair is required for cracks found during inspections required by this AD, the FAA will consider requests for approval of an AMOC. PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 Request To Specify That an AMOC for a Certain Other AD Is Necessary FedEx requested that the FAA include a statement in paragraph (i) of the proposed AD specifying that if a repair is required for a crack found during inspections required by the NPRM, that an AMOC for AD 2018–06–07 is required. FedEx mentioned that it has already experienced a situation that when repairing a crack found using Boeing Alert Requirements Bulletin 757–53A0112 RB, dated November 16, 2018, an AMOC to AD 2018–06–07 was required to complete the repair. The FAA disagrees with the request to include a statement in paragraph (j) of this AD (which was referred to as paragraph (i) of the proposed AD) specifying that if a repair is required for a crack found during inspections required by this AD, that an AMOC for AD 2018–06–07 is required. However, any repair in this area that affects compliance with this AD, with AD 2018–06–07, or with both ADs, will require an AMOC to comply with the requirements of the affected ADs. The FAA has included note 2 to paragraphs (g)(1) through (4) of this AD to denote that certain repairs might affect AD 2018–06–07. Request To Allow Later Revisions to the Service Information John Straiton requested that the FAA revise the proposed AD to allow the use of later revisions to the service information. The commenter pointed out that allowing the use of later revisions would make it easier for the operator to ensure compliance and that all maintenance is certified to the latest maintenance data. The commenter also mentioned that allowing the use of later revisions would make it unnecessary for operators to wait for new ADs that include the latest revisions to the service information, or for operators to request an AMOC that allows the use of the latest revisions to the service information. The commenter stated that this would reduce the delay in implementation of the latest revisions to the service information and also reduce the maintenance costs associated with the issuance of AMOCs. The commenter also pointed out that the European Union Aviation Safety Agency (EASA) incorporates similar language in its ADs. The FAA disagrees with the request to allow later revisions to the service information. 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, C:\TARSHA\09DER1.SGM 09DER1 67181 Federal Register / Vol. 84, No. 236 / Monday, December 9, 2019 / Rules and Regulations 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. The AD may refer to the service document only if the OFR approved it for incorporation by reference. See 1 CFR part 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 the affected party must request approval to use later revisions as an AMOC with this AD under the provisions of paragraph (j) of this AD. Request for an Exception to Certain Service Information American Airlines (AAL) and APB requested that the FAA revise the proposed AD to include a new exception. AAL requested that the FAA include an exception that specifies ‘‘Where APB Alert Service Bulletin AP757–53–002, Revision 2, dated April 11, 2019, uses the phrase the original issue of Service Bulletin AP757–53–001, this AD requires using the original issue, or Revision 1, of Service Bulletin AP757–53–001.’’ APB pointed out that the original issue of APB Service Bulletin AP757–53–001, was withdrawn. APB also stated their support for AAL’s request. AAL also pointed out that while APB Alert Service Bulletin AP757–53–002, Revision 2, dated April 11, 2019, specifies the original issue of APB Service Bulletin AP757–53–001, AD 2018–06–07 requires operators to use Revision 1 of APB Service Bulletin AP757–53–001. AAL noted that this creates conflicting verbiage between the NPRM and AD 2018–06–07. The FAA agrees to clarify. The FAA notes that APB Alert Service Bulletin AP757–53–002, Revision 3, dated August 14, 2019, has been issued to correct the reference from the original issue of APB Service Bulletin AP757– 53–001 to Revision 1 of APB Service Bulletin AP757–53–001, as it relates to whether inspections have previously been done. No additional work is required for airplanes on which the actions specified in this AD were done using APB Alert Service Bulletin AP757–53–002, Revision 2, dated April 11, 2019. The FAA has revised this final rule to refer to APB Alert Service Bulletin AP757–53–002, Revision 3, dated August 14, 2019, as the appropriate source of service information for compliance with this AD, and to provide credit for actions done before the effective date of this AD using APB Alert Service Bulletin AP757–53–002, Revision 2, dated April 11, 2019. Conclusion The FAA has reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting this final rule with the changes described previously and minor editorial changes. The FAA has determined that these minor changes: • Are consistent with the intent that was proposed in the NPRM for addressing the unsafe condition; and • Do not add any additional burden upon the public than was already proposed in the NPRM. The FAA also determined that these changes will not increase the economic burden on any operator or increase the scope of this final rule. Related Service Information Under 1 CFR Part 51 The FAA reviewed the following service information. • Aviation Partners Boeing Alert Service Bulletin AP757–53–002, Revision 3, dated August 14, 2019. • Boeing Alert Requirements Bulletin 757–53A0112 RB, dated November 16, 2018. This service information describes procedures for, depending on configuration, a general visual inspection for any previous repair, such as any reinforcing repair or local frame replacement repair, repetitive open hole HFEC inspections for any crack of the fuselage frame web fastener holes, on the left and right side of the airplane, and applicable on-condition actions. On-condition actions include installation of fasteners, oversizing of fastener holes, and repair. These documents are distinct since they apply to different airplane models in different configurations. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. Costs of Compliance The FAA estimates that this AD affects 475 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD: ESTIMATED COSTS FOR REQUIRED ACTIONS Action Labor cost General Visual Inspection ...... 1 work-hours × $85 per hour = $85. 35 work-hours × $85 per hour = $2,975 per inspection cycle. Open Hole HFEC Inspection The FAA estimates the following costs to do any necessary on-condition installation of fasteners and oversizing Parts cost Cost per product Cost on U.S. operators $0 $85 ......................................... $40,375. 0 $2,975 per inspection cycle ... $1,413,125 per inspection cycle. of fastener holes that is required. The FAA has no way of determining the number of aircraft that might need these on-condition actions: tkelley on DSKBCP9HB2PROD with RULES ESTIMATED COSTS OF ON-CONDITION INSTALLATION OF FASTENERS AND OVERSIZING OF FASTENER HOLES Labor cost Parts cost Cost per product 1 work-hour × $85 per hour = $85 .......................................................................................................................... $0 $85 VerDate Sep<11>2014 16:48 Dec 06, 2019 Jkt 250001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 C:\TARSHA\09DER1.SGM 09DER1 67182 Federal Register / Vol. 84, No. 236 / Monday, December 9, 2019 / Rules and Regulations We have received no definitive data that would enable us to provide cost estimates for the on-condition repairs specified in this AD. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Authority for This Rulemaking Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: 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 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. tkelley on DSKBCP9HB2PROD with RULES Regulatory Findings This AD will not have federalism implications under Executive Order 13132. This AD will 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 that this AD: (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. VerDate Sep<11>2014 16:48 Dec 06, 2019 Jkt 250001 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): ■ 2019–23–06 The Boeing Company: Amendment 39–19800; Docket No. FAA– 2019–0437; Product Identifier 2019–NM– 074–AD. (a) Effective Date This AD is effective January 13, 2020. (b) Affected ADs None. (c) Applicability This AD applies to The Boeing Company Model 757–200, –200CB, and –300 series airplanes, certificated in any category, as identified in Boeing Alert Requirements Bulletin 757–53A0112 RB, dated November 16, 2018. (d) Subject Air Transport Association (ATA) of America Code 53, Fuselage. (e) Unsafe Condition This AD was prompted by reports of cracks initiating in the fuselage frame web at body station (STA) 1640. The FAA is issuing this AD to address cracks initiating in the fuselage frame web at STA 1640, which, if not detected and corrected, could result in reduced structural integrity of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Required Actions (1) For all airplanes except those identified in paragraphs (g)(2) through (4) of this AD: Except as specified by paragraph (h) of this AD, at the applicable times specified in the ‘‘Compliance’’ paragraph of Boeing Alert Requirements Bulletin 757–53A0112 RB, dated November 16, 2018, do all applicable actions identified in, and in accordance with, the Accomplishment Instructions of Boeing Alert Requirements Bulletin 757–53A0112 RB, dated November 16, 2018. Note 1 to paragraphs (g)(1) through (4): Guidance for accomplishing the actions required by this AD can be found in Boeing PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 Alert Service Bulletin 757–53A0112, dated November 16, 2018, which is referred to in Boeing Alert Requirements Bulletin 757– 53A0112 RB, dated November 16, 2018. Note 2 to paragraphs (g)(1) through (4): Accomplishing certain repairs required by this AD might affect AD 2018–06–07, Amendment 39–19227 (83 FR 13398, March 29, 2018) (‘‘AD 2018–06–07’’), and necessitate requesting an alternative method of compliance (AMOC) to AD 2018–06–07. (2) For airplanes on which Aviation Partners Boeing (APB) blended or scimitar blended winglets are installed in accordance with Supplemental Type Certificate (STC) ST01518SE: Except as specified by paragraph (h) of this AD, at the applicable times specified in paragraph 1.E., ‘‘Compliance’’ of APB Alert Service Bulletin AP757–53–002, Revision 3, dated August 14, 2019, do all applicable actions identified in, and in accordance with, the Accomplishment Instructions of Boeing Alert Requirements Bulletin 757–53A0112 RB, dated November 16, 2018. (3) Except as specified by paragraph (h) of this AD: For Group 1 airplanes that have been converted from a passenger to freighter configuration using VT Mobile Aerospace Engineering (MAE) Inc. STC ST03562AT, at the applicable times specified for Group 2 airplanes in the ‘‘Compliance’’ paragraph of Boeing Alert Requirements Bulletin 757– 53A0112 RB, dated November 16, 2018, do all applicable Group 2 actions, as identified in, and in accordance with, the Accomplishment Instructions of Boeing Alert Requirements Bulletin 757–53A0112 RB, dated November 16, 2018. (4) Except as specified by paragraph (h) of this AD: For Group 4 airplanes that have been converted from a passenger to freighter configuration using VT MAE Inc. STC ST03562AT, at the applicable times specified for Group 5 airplanes in the ‘‘Compliance’’ paragraph of Boeing Alert Requirements Bulletin 757–53A0112 RB, dated November 16, 2018, do all applicable Group 5 actions as identified in, and in accordance with, the Accomplishment Instructions of Boeing Alert Requirements Bulletin 757–53A0112 RB, dated November 16, 2018. (h) Exceptions to Service Information Specifications (1) Where Boeing Alert Requirements Bulletin 757–53A0112 RB, dated November 16, 2018, uses the phrase ‘‘the original issue date of Requirements Bulletin 757–53A0112 RB,’’ this AD requires using ‘‘the effective date of this AD,’’ except where Boeing Alert Requirements Bulletin 757–53A0112 RB, dated November 16, 2018, uses the phrase ‘‘the original issue date of Requirements Bulletin 757–53A0112 RB’’ in a note or flag note. (2) Where Boeing Alert Requirements Bulletin 757–53A0112 RB, dated November 16, 2018, specifies contacting Boeing for repair instructions or for alternative inspections: This AD requires doing the repair, or doing the alternative inspections and applicable on-condition actions using a method approved in accordance with the procedures specified in paragraph (j) of this AD. C:\TARSHA\09DER1.SGM 09DER1 Federal Register / Vol. 84, No. 236 / Monday, December 9, 2019 / Rules and Regulations (3) Where Aviation Partners Boeing Alert Service Bulletin AP757–53–002, Revision 3, dated August 14, 2019, uses the phrase ‘‘the original issue date of this service bulletin,’’ this AD requires using ‘‘the effective date of this AD,’’ except where Aviation Partners Boeing Alert Service Bulletin AP757–53–002, Revision 3, dated August 14, 2019, uses the phrase ‘‘the original issue date of this Service Bulletin’’ in a note or flag note. (4) Where Aviation Partners Boeing Alert Service Bulletin AP757–53–002, Revision 3, dated August 14, 2019, specifies contacting Boeing for repair instructions or for alternative inspections: This AD requires doing the repair, or doing the alternative inspections and applicable on-condition actions using a method approved in accordance with the procedures specified in paragraph (j) of this AD. tkelley on DSKBCP9HB2PROD with RULES (i) Credit for Previous Actions This paragraph provides credit for the actions specified in paragraph (g)(2) of this AD, if those actions were performed before the effective date of this AD using Aviation Partners Boeing Alert Service Bulletin AP757–53–002, Revision 2, dated April 11, 2019. (j) 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 (k)(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 certification basis of the airplane, and the approval must specifically refer to this AD. (4) Except as specified by paragraph (h) of this AD: For service information that contains steps that are labeled as Required for Compliance (RC), the provisions of paragraphs (j)(4)(i) and (ii) of this AD apply. (i) The steps labeled as RC, including substeps under an RC step and any figures identified in an RC step, must be done to comply with the AD. If a step or substep is labeled ‘‘RC Exempt,’’ then the RC requirement is removed from that step or substep. An AMOC is required for any deviations to RC steps, including substeps and identified figures. (ii) Steps not labeled as RC may be deviated from using accepted methods in VerDate Sep<11>2014 16:48 Dec 06, 2019 Jkt 250001 accordance with the operator’s maintenance or inspection program without obtaining approval of an AMOC, provided the RC steps, including substeps and identified figures, can still be done as specified, and the airplane can be put back in an airworthy condition. (k) 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) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (l)(3) through (5) of this AD. (l) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise. (i) Aviation Partners Boeing Alert Service Bulletin AP757–53–002, Revision 3 dated August 14, 2019. (ii) Boeing Alert Requirements Bulletin 757–53A0112 RB, dated November 16, 2018. (3) For Boeing service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110–SK57, Seal Beach, CA 90740–5600; phone: 562–797– 1717; internet: https:// www.myboeingfleet.com. (4) For Aviation Partners Boeing service information identified in this AD, contact Aviation Partners Boeing, 2811 South 102nd St., Suite 200, Seattle, WA 98168; phone: 206–830–7699; fax: 206–767–0535; email: leng@aviationpartners.com; internet: https:// www.aviationpartnersboeing.com. (5) 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. (6) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email fedreg.legal@nara.gov, or go to: https:// www.archives.gov/federal-register/cfr/ibrlocations.html. Issued in Des Moines, Washington, on November 18, 2019. Michael Kaszycki, Acting Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2019–26400 Filed 12–6–19; 8:45 am] BILLING CODE 4910–13–P PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 67183 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 15 CFR Part 902 50 CFR Part 679 [Docket No. 191203–0100] RIN 0648–BI53 Fisheries of the Exclusive Economic Zone Off Alaska; Halibut Deck Sorting Monitoring Requirements for Trawl Catcher/Processors Operating in NonPollock Groundfish Fisheries Off Alaska; Correction National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; correcting amendments; stay of effectiveness. AGENCY: NMFS is correcting a final rule that published on October 15, 2019, issuing regulations to implement catch handling and monitoring requirements to allow Pacific halibut (halibut) bycatch to be sorted on the deck of trawl catcher/processors (C/Ps) and motherships participating in the nonpollock groundfish fisheries off Alaska. The final rule incorrectly stated that the collection-of-information requirements subject to the Paperwork Reduction Act (PRA) had been approved by the Office of Management and Business (OMB) at the time the final rule was published. The final rule also inadvertently omitted amendatory language to remove a now obsolete and unnecessary regulation. The intent of this final rule is to make corrections and to stay the effectiveness of associated collection-of-information requirements. DATES: This rule is effective December 9, 2019. Effective December 9, 2019, 50 CFR 679.28(d)(9) and (10) and (l) and § 679.120(b), (c), (d), and (e) are stayed indefinitely. FOR FURTHER INFORMATION CONTACT: Joseph Krieger, 907–586–7228 or joseph.krieger@noaa.gov. SUPPLEMENTARY INFORMATION: SUMMARY: Need for Correction NMFS published the final rule issuing regulations to implement catch handling and monitoring requirements to allow halibut bycatch to be sorted on the deck of trawl C/Ps and motherships participating in the non-pollock groundfish fisheries off Alaska in the Federal Register on October 15, 2019 (84 FR 55044). The final rule incorrectly stated that the collection-of-information C:\TARSHA\09DER1.SGM 09DER1

Agencies

[Federal Register Volume 84, Number 236 (Monday, December 9, 2019)]
[Rules and Regulations]
[Pages 67179-67183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26400]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0437; Product Identifier 2019-NM-074-AD; Amendment 
39-19800; AD 2019-23-06]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain The Boeing Company Model 757-200, -200CB, and -300 series 
airplanes. This AD was prompted by reports of cracks initiating in the 
fuselage frame web at body station (STA) 1640. This AD requires, 
depending on configuration, a general visual inspection for any 
previous repair, such as any reinforcing repair or local frame 
replacement repair, repetitive open hole high frequency eddy current 
(HFEC) inspections for any crack of the fuselage frame web fastener 
holes, on the left and right side of the airplane, and applicable on-
condition actions. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective January 13, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of January 13, 
2020.

ADDRESSES: For Boeing service information identified in this final 
rule, contact Boeing Commercial Airplanes, Attention: Contractual & 
Data Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, 
CA 90740-5600; phone: 562-797-1717; internet: https://www.myboeingfleet.com.
    For Aviation Partners Boeing service information identified in this 
final rule, contact Aviation Partners Boeing, 2811 South 102nd St., 
Suite 200, Seattle, WA 98168; phone: 206-830-7699; fax: 206-767-0535; 
email: [email protected]; internet: https://www.aviationpartnersboeing.com.
    You may view this 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-2019-0437.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0437; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this final rule, the regulatory evaluation, any comments received, and 
other information. The address for Docket Operations is U.S. Department 
of Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

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:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain The Boeing 
Company Model 757-200, -200CB, and -300 series airplanes. The NPRM 
published in the Federal Register on June 21, 2019 (84 FR 29102). The 
NPRM was prompted by reports of cracks initiating in the fuselage frame 
web at STA 1640. The NPRM proposed to require, depending on 
configuration, a general visual inspection for any previous repair, 
such as any reinforcing repair or local frame replacement repair, 
repetitive open hole HFEC inspections for any crack of the fuselage 
frame web fastener holes, on the left and right side of the airplane, 
and applicable on-condition actions.
    The FAA is issuing this AD to address cracks initiating in the 
fuselage frame web at STA 1640, which could result in reduced 
structural integrity of the airplane.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The following presents the comments 
received on the NPRM and the FAA's response to each comment.

Support for the NPRM

    United Airlines and Aviation Partners Boeing (APB) provided their 
concurrence with the NPRM.

Request To Clarify Costs of Required Actions

    Boeing requested that the FAA clarify the costs of the actions 
required by the NPRM by separating the access and close-out hours as 
separate actions, and specifying that the on-condition costs are 
providing the costs of oversizing fastener holes, if necessary. Boeing 
pointed out that the costs listed also include the access and close-out 
hours, which comprise the majority of the hours for each action, 
causing the required actions to appear overly expensive. Boeing 
mentioned that operators are expected to do either a one-time general 
visual inspection, followed by an open hole HFEC inspection, or do an 
open hole HFEC inspection, depending on the condition and utilization 
rate of the airplane. Boeing also pointed out that the on-condition 
costs are not defined in the service information and that the NPRM is 
unclear if the on-condition costs refer to fastener replacement 
installations or fastener hole oversizing. Additionally, Boeing 
mentioned that the costs of fastener re-installation are already 
included in the costs for an open hole HFEC inspection. However, Boeing 
stated that the FAA estimate of one work-hour per airplane for on-
condition costs of oversizing fastener holes seems reasonable.
    The FAA agrees with the request to clarify the costs of the actions 
required by this AD for the reasons provided. The FAA has revised the 
cost estimates provided in this AD to clarify the costs of the required 
actions to include access and close-out hours only as part of the costs 
for the HFEC inspections, and to revise the work-hours for the general 
visual inspection to specify only 1 work-hour. We have also revised the 
cost estimates in this AD to specify that the on-condition costs are 
the costs of oversizing fastener holes.

Request To Clarify the Unsafe Condition

    Boeing requested that the FAA clarify the unsafe condition. Boeing 
pointed out that the unsafe condition mitigated by the proposed AD is 
for cracks initiating in the fuselage frame web at STA 1640 in hidden 
areas that may not be sufficiently detectable by doing the

[[Page 67180]]

actions specified in Boeing Alert Service Bulletin 757-53A0108.
    The FAA agrees that clarification is necessary and that the actions 
specified in Boeing Alert Service Bulletin 757-53A0108 are not adequate 
for reliable detection of cracks that initiate in the fuselage frame 
web at STA 1640. AD 2018-06-07, Amendment 39-19227 (83 FR 13398, March 
29, 2018) (``AD 2018-06-07'') requires inspections in accordance with 
Boeing Alert Service Bulletin 757-53A0108, dated November 14, 2016. 
However, the FAA does not agree that referring to hidden areas is 
clarifying, because the term ``hidden areas'' is vague. The FAA has 
revised the unsafe condition specified in paragraph (e) of this AD to 
specify that this AD is addressing cracks initiating in the fuselage 
frame web at STA 1640, which, if not detected and corrected, could 
result in reduced structural integrity of the airplane.

Request To Clarify the Types of Winglets Specified in the Proposed AD

    Boeing requested that the FAA revise paragraph (g)(2) of the 
proposed AD to clarify the types of winglets that may be installed on 
The Boeing Company Model 757 airplanes. Boeing pointed out that the 
types of winglets described in Supplemental Type Certificate (STC) 
ST01518SE and in APB's service bulletin AP757-53-002 are specified as 
``blended and scimitar blended winglets,'' not ``scimitar winglets.'' 
Boeing also pointed out that paragraph (g)(2) of the proposed AD 
referred to ``blended or scimitar winglets.''
    The FAA agrees for the reasons provided and has revised paragraph 
(g)(2) of this AD accordingly.

Request To Specify That Certain Freighter Conversion Airplanes Perform 
the Actions Specified for Groups 2 and 5

    FedEx and VT Mobile Aerospace Engineering (MAE) Inc., requested 
that the FAA revise the NPRM to specify that Group 1 and 4 airplanes 
that have been modified to freighter configuration using VT MAE Inc. 
STC ST03562AT, perform the actions specified for Groups 2 and 5, as 
specified in Boeing Alert Requirements Bulletin 757-53A0112 RB, dated 
November 16, 2018. VT MAE Inc. pointed out that at the STA 1640 frame, 
in the stringer 14 left hand side and right hand side area, the 
modification to freighter configuration using VT MAE Inc. STC 
ST03562AT, is identical to that of The Boeing Company Model 757-200 
special freighter airplanes identified as Groups 2 and 5 in Boeing 
Alert Requirements Bulletin 757-53A0112 RB, dated November 16, 2018. 
FedEx noted that its fleet of The Boeing Company Model 757-200 
airplanes were converted to a configuration similar to The Boeing 
Company Model 757-200 special freighter airplanes, and are no longer 
configured as passenger airplanes. FedEx pointed out that as written, 
Boeing Alert Requirements Bulletin 757-53A0112 RB, dated November 16, 
2018, Groups the FedEx fleet into Groups 1 and 4, and that the 
inspection areas for those Groups are no longer applicable. FedEx 
requested that the FAA incorporate its suggested changes into the final 
rule to avoid the need for an alternative method of compliance (AMOC) 
after issuance of the final rule.
    The FAA agrees with the request for the reasons provided. The FAA 
has added paragraphs (g)(3) and (g)(4) of this AD to require, for 
airplanes that have been converted from passenger to freighter 
configuration using VT MAE Inc. STC ST03562AT, the actions required for 
Groups 2 and 5, as applicable, as specified in Boeing Alert 
Requirements Bulletin 757-53A0112 RB, dated November 16, 2018.

Request To Terminate the Inspection Requirements if a Repair Is 
Installed for a Crack Finding

    FedEx requested that the FAA allow termination of the inspection 
requirements if a repair is installed for a crack finding. FedEx 
pointed out that if a repair is installed for a crack finding, the 
repair instructions obtained from The Boeing Company Organization 
Designation Authorization (ODA), the STC holder, or the FAA would have 
repetitive inspection requirements separate from those specified in the 
NPRM. The FAA infers that FedEx is requesting termination of the 
inspection requirements to help avoid overlapping inspections in a 
repaired area.
    The FAA disagrees with the request to allow termination of the 
inspection requirements if a repair is installed for a crack finding. 
At this time, the service information does not include an approved 
repair that resolves the unsafe condition addressed by this AD. 
Inspections for repairs required by FAA regulations address structural 
failure due to fatigue, corrosion, manufacturing defects, or accidental 
damage, and do not resolve unsafe conditions that are addressed by an 
AD. If a repair is required for cracks found during inspections 
required by this AD, the FAA will consider requests for approval of an 
AMOC.

Request To Specify That an AMOC for a Certain Other AD Is Necessary

    FedEx requested that the FAA include a statement in paragraph (i) 
of the proposed AD specifying that if a repair is required for a crack 
found during inspections required by the NPRM, that an AMOC for AD 
2018-06-07 is required. FedEx mentioned that it has already experienced 
a situation that when repairing a crack found using Boeing Alert 
Requirements Bulletin 757-53A0112 RB, dated November 16, 2018, an AMOC 
to AD 2018-06-07 was required to complete the repair.
    The FAA disagrees with the request to include a statement in 
paragraph (j) of this AD (which was referred to as paragraph (i) of the 
proposed AD) specifying that if a repair is required for a crack found 
during inspections required by this AD, that an AMOC for AD 2018-06-07 
is required. However, any repair in this area that affects compliance 
with this AD, with AD 2018-06-07, or with both ADs, will require an 
AMOC to comply with the requirements of the affected ADs. The FAA has 
included note 2 to paragraphs (g)(1) through (4) of this AD to denote 
that certain repairs might affect AD 2018-06-07.

Request To Allow Later Revisions to the Service Information

    John Straiton requested that the FAA revise the proposed AD to 
allow the use of later revisions to the service information. The 
commenter pointed out that allowing the use of later revisions would 
make it easier for the operator to ensure compliance and that all 
maintenance is certified to the latest maintenance data. The commenter 
also mentioned that allowing the use of later revisions would make it 
unnecessary for operators to wait for new ADs that include the latest 
revisions to the service information, or for operators to request an 
AMOC that allows the use of the latest revisions to the service 
information. The commenter stated that this would reduce the delay in 
implementation of the latest revisions to the service information and 
also reduce the maintenance costs associated with the issuance of 
AMOCs. The commenter also pointed out that the European Union Aviation 
Safety Agency (EASA) incorporates similar language in its ADs.
    The FAA disagrees with the request to allow later revisions to the 
service information. 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,

[[Page 67181]]

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. The AD 
may refer to the service document only if the OFR approved it for 
incorporation by reference. See 1 CFR part 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 the affected 
party must request approval to use later revisions as an AMOC with this 
AD under the provisions of paragraph (j) of this AD.

Request for an Exception to Certain Service Information

    American Airlines (AAL) and APB requested that the FAA revise the 
proposed AD to include a new exception. AAL requested that the FAA 
include an exception that specifies ``Where APB Alert Service Bulletin 
AP757-53-002, Revision 2, dated April 11, 2019, uses the phrase the 
original issue of Service Bulletin AP757-53-001, this AD requires using 
the original issue, or Revision 1, of Service Bulletin AP757-53-001.'' 
APB pointed out that the original issue of APB Service Bulletin AP757-
53-001, was withdrawn. APB also stated their support for AAL's request.
    AAL also pointed out that while APB Alert Service Bulletin AP757-
53-002, Revision 2, dated April 11, 2019, specifies the original issue 
of APB Service Bulletin AP757-53-001, AD 2018-06-07 requires operators 
to use Revision 1 of APB Service Bulletin AP757-53-001. AAL noted that 
this creates conflicting verbiage between the NPRM and AD 2018-06-07.
    The FAA agrees to clarify. The FAA notes that APB Alert Service 
Bulletin AP757-53-002, Revision 3, dated August 14, 2019, has been 
issued to correct the reference from the original issue of APB Service 
Bulletin AP757-53-001 to Revision 1 of APB Service Bulletin AP757-53-
001, as it relates to whether inspections have previously been done. No 
additional work is required for airplanes on which the actions 
specified in this AD were done using APB Alert Service Bulletin AP757-
53-002, Revision 2, dated April 11, 2019. The FAA has revised this 
final rule to refer to APB Alert Service Bulletin AP757-53-002, 
Revision 3, dated August 14, 2019, as the appropriate source of service 
information for compliance with this AD, and to provide credit for 
actions done before the effective date of this AD using APB Alert 
Service Bulletin AP757-53-002, Revision 2, dated April 11, 2019.

Conclusion

    The FAA has reviewed the relevant data, considered the comments 
received, and determined that air safety and the public interest 
require adopting this final rule with the changes described previously 
and minor editorial changes. The FAA has determined that these minor 
changes:
     Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    The FAA also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this final 
rule.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed the following service information.
     Aviation Partners Boeing Alert Service Bulletin AP757-53-
002, Revision 3, dated August 14, 2019.
     Boeing Alert Requirements Bulletin 757-53A0112 RB, dated 
November 16, 2018.
    This service information describes procedures for, depending on 
configuration, a general visual inspection for any previous repair, 
such as any reinforcing repair or local frame replacement repair, 
repetitive open hole HFEC inspections for any crack of the fuselage 
frame web fastener holes, on the left and right side of the airplane, 
and applicable on-condition actions. On-condition actions include 
installation of fasteners, oversizing of fastener holes, and repair. 
These documents are distinct since they apply to different airplane 
models in different configurations.
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 475 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
General Visual Inspection........  1 work-hours x $85               $0  $85................  $40,375.
                                    per hour = $85.
Open Hole HFEC Inspection........  35 work-hours x $85               0  $2,975 per           $1,413,125 per
                                    per hour = $2,975                    inspection cycle.    inspection cycle.
                                    per inspection
                                    cycle.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition installation of fasteners and oversizing of fastener holes 
that is required. The FAA has no way of determining the number of 
aircraft that might need these on-condition actions:

Estimated Costs of On-Condition Installation of Fasteners and Oversizing
                            of Fastener Holes
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
1 work-hour x $85 per hour = $85......              $0              $85
------------------------------------------------------------------------


[[Page 67182]]

    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition repairs specified in this 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 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

    This AD will not have federalism implications under Executive Order 
13132. This AD will 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 that this AD:
    (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.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 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):

    2019-23-06 The Boeing Company: Amendment 39-19800; Docket No. 
FAA-2019-0437; Product Identifier 2019-NM-074-AD.

(a) Effective Date

    This AD is effective January 13, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 757-200, -200CB, and 
-300 series airplanes, certificated in any category, as identified 
in Boeing Alert Requirements Bulletin 757-53A0112 RB, dated November 
16, 2018.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports of cracks initiating in the 
fuselage frame web at body station (STA) 1640. The FAA is issuing 
this AD to address cracks initiating in the fuselage frame web at 
STA 1640, which, if not detected and corrected, could result in 
reduced structural integrity of the airplane.

(f) Compliance

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

(g) Required Actions

    (1) For all airplanes except those identified in paragraphs 
(g)(2) through (4) of this AD: Except as specified by paragraph (h) 
of this AD, at the applicable times specified in the ``Compliance'' 
paragraph of Boeing Alert Requirements Bulletin 757-53A0112 RB, 
dated November 16, 2018, do all applicable actions identified in, 
and in accordance with, the Accomplishment Instructions of Boeing 
Alert Requirements Bulletin 757-53A0112 RB, dated November 16, 2018.

    Note 1 to paragraphs (g)(1) through (4):  Guidance for 
accomplishing the actions required by this AD can be found in Boeing 
Alert Service Bulletin 757-53A0112, dated November 16, 2018, which 
is referred to in Boeing Alert Requirements Bulletin 757-53A0112 RB, 
dated November 16, 2018.


    Note 2 to paragraphs (g)(1) through (4):  Accomplishing certain 
repairs required by this AD might affect AD 2018-06-07, Amendment 
39-19227 (83 FR 13398, March 29, 2018) (``AD 2018-06-07''), and 
necessitate requesting an alternative method of compliance (AMOC) to 
AD 2018-06-07.

    (2) For airplanes on which Aviation Partners Boeing (APB) 
blended or scimitar blended winglets are installed in accordance 
with Supplemental Type Certificate (STC) ST01518SE: Except as 
specified by paragraph (h) of this AD, at the applicable times 
specified in paragraph 1.E., ``Compliance'' of APB Alert Service 
Bulletin AP757-53-002, Revision 3, dated August 14, 2019, do all 
applicable actions identified in, and in accordance with, the 
Accomplishment Instructions of Boeing Alert Requirements Bulletin 
757-53A0112 RB, dated November 16, 2018.
    (3) Except as specified by paragraph (h) of this AD: For Group 1 
airplanes that have been converted from a passenger to freighter 
configuration using VT Mobile Aerospace Engineering (MAE) Inc. STC 
ST03562AT, at the applicable times specified for Group 2 airplanes 
in the ``Compliance'' paragraph of Boeing Alert Requirements 
Bulletin 757-53A0112 RB, dated November 16, 2018, do all applicable 
Group 2 actions, as identified in, and in accordance with, the 
Accomplishment Instructions of Boeing Alert Requirements Bulletin 
757-53A0112 RB, dated November 16, 2018.
    (4) Except as specified by paragraph (h) of this AD: For Group 4 
airplanes that have been converted from a passenger to freighter 
configuration using VT MAE Inc. STC ST03562AT, at the applicable 
times specified for Group 5 airplanes in the ``Compliance'' 
paragraph of Boeing Alert Requirements Bulletin 757-53A0112 RB, 
dated November 16, 2018, do all applicable Group 5 actions as 
identified in, and in accordance with, the Accomplishment 
Instructions of Boeing Alert Requirements Bulletin 757-53A0112 RB, 
dated November 16, 2018.

(h) Exceptions to Service Information Specifications

    (1) Where Boeing Alert Requirements Bulletin 757-53A0112 RB, 
dated November 16, 2018, uses the phrase ``the original issue date 
of Requirements Bulletin 757-53A0112 RB,'' this AD requires using 
``the effective date of this AD,'' except where Boeing Alert 
Requirements Bulletin 757-53A0112 RB, dated November 16, 2018, uses 
the phrase ``the original issue date of Requirements Bulletin 757-
53A0112 RB'' in a note or flag note.
    (2) Where Boeing Alert Requirements Bulletin 757-53A0112 RB, 
dated November 16, 2018, specifies contacting Boeing for repair 
instructions or for alternative inspections: This AD requires doing 
the repair, or doing the alternative inspections and applicable on-
condition actions using a method approved in accordance with the 
procedures specified in paragraph (j) of this AD.

[[Page 67183]]

    (3) Where Aviation Partners Boeing Alert Service Bulletin AP757-
53-002, Revision 3, dated August 14, 2019, uses the phrase ``the 
original issue date of this service bulletin,'' this AD requires 
using ``the effective date of this AD,'' except where Aviation 
Partners Boeing Alert Service Bulletin AP757-53-002, Revision 3, 
dated August 14, 2019, uses the phrase ``the original issue date of 
this Service Bulletin'' in a note or flag note.
    (4) Where Aviation Partners Boeing Alert Service Bulletin AP757-
53-002, Revision 3, dated August 14, 2019, specifies contacting 
Boeing for repair instructions or for alternative inspections: This 
AD requires doing the repair, or doing the alternative inspections 
and applicable on-condition actions using a method approved in 
accordance with the procedures specified in paragraph (j) of this 
AD.

(i) Credit for Previous Actions

    This paragraph provides credit for the actions specified in 
paragraph (g)(2) of this AD, if those actions were performed before 
the effective date of this AD using Aviation Partners Boeing Alert 
Service Bulletin AP757-53-002, Revision 2, dated April 11, 2019.

(j) 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 (k)(1) of this AD. Information 
may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.
    (3) An AMOC that provides an acceptable level of safety may be 
used for any repair, modification, or alteration required by this AD 
if it is approved by The Boeing Company Organization Designation 
Authorization (ODA) that has been authorized by the Manager, Los 
Angeles ACO Branch, FAA, to make those findings. To be approved, the 
repair method, modification deviation, or alteration deviation must 
meet the certification basis of the airplane, and the approval must 
specifically refer to this AD.
    (4) Except as specified by paragraph (h) of this AD: For service 
information that contains steps that are labeled as Required for 
Compliance (RC), the provisions of paragraphs (j)(4)(i) and (ii) of 
this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step 
and any figures identified in an RC step, must be done to comply 
with the AD. If a step or substep is labeled ``RC Exempt,'' then the 
RC requirement is removed from that step or substep. An AMOC is 
required for any deviations to RC steps, including substeps and 
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted 
methods in accordance with the operator's maintenance or inspection 
program without obtaining approval of an AMOC, provided the RC 
steps, including substeps and identified figures, can still be done 
as specified, and the airplane can be put back in an airworthy 
condition.

(k) 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) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (l)(3) through (5) of this AD.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Aviation Partners Boeing Alert Service Bulletin AP757-53-
002, Revision 3 dated August 14, 2019.
    (ii) Boeing Alert Requirements Bulletin 757-53A0112 RB, dated 
November 16, 2018.
    (3) For Boeing service information identified in this AD, 
contact Boeing Commercial Airplanes, Attention: Contractual & Data 
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 
90740-5600; phone: 562-797-1717; internet: https://www.myboeingfleet.com.
    (4) For Aviation Partners Boeing service information identified 
in this AD, contact Aviation Partners Boeing, 2811 South 102nd St., 
Suite 200, Seattle, WA 98168; phone: 206-830-7699; fax: 206-767-
0535; email: [email protected]; internet: https://www.aviationpartnersboeing.com.
    (5) 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.
    (6) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on November 18, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-26400 Filed 12-6-19; 8:45 am]
 BILLING CODE 4910-13-P

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