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[Federal Register Volume 81, Number 94 (Monday, May 16, 2016)]
[Rules and Regulations]
[Pages 30170-30173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11197]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-3141; Directorate Identifier 2014-NM-242-AD; 
Amendment 39-18516; AD 2016-10-05]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all The 
Boeing Company Model 757 airplanes. This AD was prompted by a report of 
cracking in the fuselage frame. This AD requires inspections for 
cracking in the fuselage frame, left and right sides, and repair if 
necessary. We are issuing this AD to detect and correct fuselage frame 
fatigue cracking. Such cracking could result in loss of structural 
integrity and the inability to sustain loading conditions.

DATES: This AD is effective June 20, 2016.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of June 20, 
2016.

ADDRESSES: For service information identified in this final rule, 
contact Boeing Commercial Airplanes, Attention: Data & Services 
Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 
206-544-5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com. You may view this referenced service information 
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., 
Renton, WA. For information on the availability of this material at the 
FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
3141.

[[Page 30171]]

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
3141; or in person at the Docket Management Facility between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this AD, the regulatory evaluation, any comments received, and 
other information. The address for the Docket Office (phone: 800-647-
5527) is Docket Management Facility, 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: Roger Durbin, Aerospace Engineer, 
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification 
Office (ACO), 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 
562-627-5233; fax: 562-627-5210; email: roger.durbin@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (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 
August 19, 2015 (80 FR 50230) (``the NPRM''). The NPRM was prompted by 
reports of cracking in the fuselage frame at Station (STA) 1440, 
stringer 24L. The NPRM proposed to require inspections for cracking in 
the fuselage frame, left and right sides, and repair if necessary. We 
are issuing this AD to detect and correct fuselage frame fatigue 
cracking. Such cracking could result in loss of structural integrity 
and the inability to sustain loading conditions.

Comments

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

Request To Revise Paragraph (g) for Clarity and Consistency

    Boeing requested that we revise paragraph (g) of the proposed AD to 
change it from ``frames at stringer 24 and stringer 25, left and right 
sides,'' to state, ``frames in Section 43 at stringer 25, left and 
right sides, and frames in Section 46 at stringer 24, left and right 
sides.''
    We agree with the comment as it adds clarity and makes the AD 
consistent with the required Accomplishment Instructions of Boeing 
Alert Service Bulletin 757-53A0099, dated September 18, 2014. We have 
revised the introductory text to paragraph (g) of this AD accordingly.

Request To Revise Paragraph (g)(1) To Make Exceptions for Repaired 
Areas

    Boeing requested that we revise paragraph (g)(1) of the proposed AD 
from ``repeat the inspections at intervals not to exceed 12,000 flight 
cycles,'' to state, ``repeat the inspections of frame areas at 
intervals not to exceed 12,000 flight cycles in areas that have not 
been repaired as a result of this service bulletin.''
    We disagree with the commenter's proposal to make exceptions for 
areas repaired using the procedures described in the service bulletin, 
where we assume that the commenter is referring to Boeing Alert Service 
Bulletin 757-53A0099, dated September 18, 2014. We have not received 
repair data for cracks detected as a result of the inspections required 
by this AD, and therefore cannot make a determination that any such 
repair is terminating action for the required inspections. We will 
consider requests for alternative methods of compliance (AMOCs) with 
supporting repair data, which may include termination of the required 
inspections, or alternate inspection intervals and methods, as 
required, to address the unsafe condition.

Request To Delay AD for Service Bulletin Revision

    United Airlines and United Parcel Service requested to delay the AD 
until approved repair information could be included in a revision of 
Boeing Alert Service Bulletin 757-53A0099, dated September 18, 2014. 
One commenter noted that its cargo operations often required frame 
repairs and the lack of approved repair configurations would require 
unnecessary AMOC requests.
    We do not agree to delay issuance of this final rule for a revision 
to Boeing Alert Service Bulletin 757-53A0099, dated September 18, 2014, 
to include repair data. Including the repair data will only delay 
necessary inspections required to address the unsafe condition. The 
number of positive findings requiring repairs is unknown at this time, 
and therefore the value of delaying the AD for approved repair data is 
unknown. It is not possible to address existing repairs which may 
require an AMOC. The various repair configurations and locations are 
unknown and therefore cannot be addressed at this time. If the required 
inspections result in a significant number of repairs, operators and/or 
the original equipment manufacturer can request a global AMOC for 
repair data using the procedures in paragraph (i) of this AD.

Conclusion

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

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 757-53A0099, dated 
September 18, 2014. The service information describes procedures for 
detailed and high frequency eddy current (HFEC) inspections for 
cracking in the fuselage frame at stringer 24 and stringer 25, left and 
right sides. 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

    We estimate that this AD affects 652 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD:

[[Page 30172]]

                                                 Estimated osts
----------------------------------------------------------------------------------------------------------------
                                                                                                Cost on U.S.
          Action                 Labor cost          Parts cost       Cost per product           operators
----------------------------------------------------------------------------------------------------------------
Inspection...............  68 to 83 work-hours x               $0  Up to $7,055 per        Up to $4,599,860 per
                            $85 per hour = Up to                    inspection cycle.       inspection cycle.
                            $7,055 per inspection
                            cycle.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions 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.
    We are 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.

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) Is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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):

2016-10-05 The Boeing Company: Amendment 39-18516 ; Docket No. FAA-
2015-3151; Directorate Identifier 2014-NM-242-AD.

(a) Effective Date

    This AD is effective June 20, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 757-200, -200CB, 
-200PF, and -300 airplanes, certificated in any category.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a report of cracking in the fuselage 
frame at Station (STA) 1440, stringer 24L. We are issuing this AD to 
detect and correct fuselage frame fatigue cracking. Such cracking 
could result in loss of structural integrity and the inability to 
sustain loading conditions.

(f) Compliance

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

(g) Inspection

    At the applicable time specified in paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin 757-53A0099, dated 
September 18, 2014, except as required by paragraph (h) of this AD, 
do detailed and high frequency eddy current inspections for cracking 
in the fuselage frames in Section 43 at stringer 25, left and right 
sides, and frames in Section 46 at stringer 24, left and right 
sides, in accordance with the Accomplishment Instructions of Boeing 
Alert Service Bulletin 757-53A0099, dated September 18, 2014.
    (1) If cracking is not found, repeat the inspections at 
intervals not to exceed 12,000 flight cycles.
    (2) If any cracking is found, before further flight, repair 
using a method approved in accordance with the procedures specified 
in paragraph (i) of this AD. Repeat the inspections at intervals not 
to exceed 12,000 flight cycles in unrepaired areas.

(h) Exception to Service Information Specifications

    Where Boeing Alert Service Bulletin 757-53A0099, dated September 
18, 2014, specifies a compliance time ``after the Original Issue 
date of this Service Bulletin,'' this AD requires compliance within 
the specified compliance time after the effective date of this AD.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles Aircraft Certification Office 
(ACO), 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 ACO, send it to the 
attention of the person identified in paragraph (j) of this AD. 
Information may be emailed to: 9-ANM-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 required by this AD if it is approved by Boeing 
Commercial Airplanes Organization Designation Authorization (ODA) 
that has been authorized by the Manager, Los Angeles ACO, to make 
those findings. For a repair method to be approved, the repair must 
meet the certification basis of the airplane, and the approval must 
specifically refer to this AD.
    (4) Except as required by paragraph (h) of this AD: For service 
information that contains steps that are labeled as Required for 
Compliance (RC), the provisions of paragraphs (i)(4)(i) and 
(i)(4)(ii) 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. 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

[[Page 30173]]

approval of an AMOC, provided the RC steps, including substeps and 
identified figures, can still be done as specified, and the airplane 
can be put back in an airworthy condition.

(j) Related Information

    For more information about this AD, contact Roger Durbin, 
Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles ACO, 
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5233; fax: 562-627-5210; email: roger.durbin@faa.gov.

(k) 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) Boeing Alert Service Bulletin 757-53A0099, dated September 
18, 2014.
    (ii) Reserved.
    (3) For Boeing service information identified in this AD, 
contact Boeing Commercial Airplanes, Attention: Data & Services 
Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; 
telephone 206-544-5000, extension 1; fax 206-766-5680; Internet 
https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For 
information on the availability of this material at the FAA, call 
425-227-1221.
    (5) 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, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on May 4, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-11197 Filed 5-13-16; 8:45 am]
 BILLING CODE 4910-13-P
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