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[Federal Register Volume 81, Number 201 (Tuesday, October 18, 2016)]
[Rules and Regulations]
[Pages 71589-71591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23076]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-3703; Directorate Identifier 2015-NM-115-AD; 
Amendment 39-18669; AD 2016-20-03]
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 certain 
The Boeing Company Model 767-200, -300, and -400ER series airplanes. 
This AD was prompted by an evaluation by the design approval holder 
(DAH) indicating that the skin lap splice is subject to widespread 
fatigue damage (WFD). This AD requires repetitive external detailed and 
surface high frequency eddy current (HFEC) inspections of the outer 
skin for cracking around fastener heads common to the inboard fastener 
row of the skin lap splice and corrective action. We are issuing this 
AD to detect and correct fatigue cracking of the skin lap splice, which 
could grow and result in possible rapid decompression and reduced 
structural integrity of the airplane.

DATES: This AD is effective November 22, 2016.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 22, 
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-2016-3703.

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-2016-
3703; 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: Wayne Lockett, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office 
(ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6447; fax: 425-917-6590; email: wayne.lockett@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 certain The Boeing Company 
Model 767-200, -300, and -400ER series airplanes. The NPRM published in 
the Federal Register on February 25, 2016 (81 FR 9367) (``the NPRM''). 
The NPRM was prompted by an evaluation by the DAH indicating that the 
skin lap splice is subject to WFD. The NPRM proposed to require 
repetitive external detailed and surface HFEC inspections of the outer 
skin for cracking around fastener heads common to the inboard fastener 
row of the skin lap splice. We are issuing this AD to detect and 
correct fatigue cracking of the skin lap splice, which could grow and 
result in possible rapid decompression and reduced structural integrity 
of the airplane.

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. Boeing stated that it supports the 
NPRM.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that accomplishing the supplemental 
type certificate (STC) ST01920SE does not affect the actions specified 
in the NPRM.
    We concur with the commenter. We have redesignated paragraph (c) of 
this AD as (c)(1) and added new paragraph (c)(2) to this AD to state 
that installation of STC ST01920SE does not affect the ability to 
accomplish the actions required by this final rule. Therefore, for 
airplanes on which STC ST01920SE 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 Revise the Compliance Time for the Repetitive Inspection 
Intervals

    United Airlines (UAL) requested that we revise the repetitive 
inspection intervals for any repair accomplished using the structural 
repair manual (SRM) specified in Part 2 of Boeing Alert Service 
Bulletin 767-53A0260, dated August 26, 2014. UAL commented that a Zone 
B repair is Category B, and per the SRM inspections, the airplanes 
would have an initial inspection at 25,000 total flight cycles after 
airplane delivery. UAL stated that the initial inspection compliance 
time for the proposed rule is 40,000 total flight cycles, and if a 
repair is accomplished at this time, it is already over the initial 
inspection threshold specified in the SRM.
    We agree with the commenter's request. There is a conflict between 
the initial inspection thresholds in Boeing Alert Service Bulletin 767-
53A0260, dated August 26, 2014, and the Category B repair specified in 
the SRM. We are working with Boeing to revise the conflicting 
compliance times for the SRM repairs. We have added a new paragraph (h) 
in this AD, which provides clarification that the post-repair damage 
tolerance inspections are not required by this AD, but are 
airworthiness limitations (ALIs), and those inspections are required by 
maintenance and operational rules. Any deviation from the post-repair 
ALI inspections will need FAA approval,

[[Page 71590]]

but will not require an AMOC. We have coordinated this change with 
Boeing. We redesignated subsequent paragraphs accordingly.

Request To Clarify the Note in the Service Information

    UAL requested that we clarify the note in paragraph 3.B.l. of the 
Accomplishment Instructions of Boeing Alert Service Bulletin 767-
53A0260, dated August 26, 2014, to state that inspections for any 
repair accomplished as a result of Part 1 findings are to be inspected 
per the Part 1 inspection requirements and that these supersede the SRM 
inspection requirements. UAL stated that the note in Paragraph 3.B.1. 
of the Accomplishment Instructions of Boeing Alert Service Bulletin 
767-53A0260, dated August 26, 2014, currently states that it is not 
necessary to repeat the Part 1 inspections in areas covered by a 
previously approved repair.
    We disagree with the commenter's request. Note (a) in paragraph 
1.E, ``Compliance,'' and the note in paragraph 3.B.1. of the 
Accomplishment Instructions of Boeing Alert Service Bulletin 767-
53A0260, dated August 26, 2014, specify terminating action for the AD-
mandated inspections for the area under an approved repair. The repairs 
are evaluated under their own damage tolerance inspection program. The 
post-repair inspection program is different from the baseline 
inspections specified in Part 1 of Boeing Alert Service Bulletin 767-
53A0260, dated August 26, 2014. Post-repair damage tolerance 
inspections for any approved repair are ALIs, and these inspections are 
required by maintenance and operational rules. It is therefore 
unnecessary to mandate them in this AD. Deviations from these 
inspections require FAA approval, but do not require an AMOC. We have 
not changed this AD in this regard.

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 767-53A0260, dated August 
26, 2014. The service information describes procedures for a detailed 
inspection and a surface HFEC inspection at section 41, stringer S-2R 
skin lap splice from body station (STA) 368 to STA 434, 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.

Costs of Compliance

    We estimate that this AD affects 356 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                Cost on U.S.
          Action                  Labor cost          Parts cost       Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Inspections...............  3 work-hours x $85                 $0   $255 per inspection    $90,780 per
                             per hour = $255 per                     cycle.                 inspection cycle.
                             inspection cycle.
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    We have received no definitive data that will 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):

2016-20-03 The Boeing Company: Amendment 39-18669; Docket No. FAA-
2016-3703; Directorate Identifier 2015-NM-115-AD.

(a) Effective Date

    This AD is effective November 22, 2016.

(b) Affected ADs

    None.

[[Page 71591]]

(c) Applicability

    (1) This AD applies to the Boeing Company Model 767-200, -300, 
and -400ER series airplanes, certificated in any category, as 
identified in Boeing Alert Service Bulletin 767-53A0260, dated 
August 26, 2014.
    (2) Installation of Supplemental Type Certificate (STC) 
ST01920SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/59027F43B9A7486E86257B1D006591EE?OpenDocument&Highlight=st01920se) 
does not affect the ability to accomplish the actions required by 
this AD. Therefore, for airplanes on which STC ST01920SE 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 an evaluation by the design approval 
holder indicating that the skin lap splice is subject to widespread 
fatigue damage. We are issuing this AD to detect and correct fatigue 
cracking of this skin lap splice, which could grow and result in 
possible rapid decompression and reduced structural integrity of the 
airplane.

(f) Compliance

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

(g) Inspection and Corrective Actions

    At the applicable time specified in paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin 767-53A0260, dated 
August 26, 2014, except as required by paragraph (i) of this AD: Do 
a detailed inspection and a surface high frequency eddy current 
(HFEC) inspection at section 41, stringer S-2R skin lap splice from 
body station (STA) 368 to STA 434, for any cracking, and do all 
applicable corrective actions, in accordance with the Accomplishment 
Instructions of Boeing Alert Service Bulletin 767-53A0260, dated 
August 26, 2014. Do all applicable corrective actions before further 
flight. Repeat the inspections thereafter at the applicable times 
specified in paragraph 1.E., ``Compliance,'' of Boeing Alert Service 
Bulletin 767-53A0260, dated August 26, 2014. If any existing 
external repair is found in the inspection area, then the 
inspections in Part 1 of the Accomplishment Instructions of Boeing 
Alert Service Bulletin 767-53A0260, dated August 26, 2014, are not 
required in the area hidden by the repair, provided that the repair 
was previously approved by the Manager, Seattle Aircraft 
Certification Office (ACO), or by the Authorized Representative of 
the Boeing Commercial Airplanes Organization Designation 
Authorization (ODA), or installed as specified in Part 2 of the 
Accomplishment Instructions of Boeing Alert Service Bulletin 767-
53A0260, dated August 26, 2014. Inspections in Part 1 of the 
Accomplishment Instructions of Boeing Alert Service Bulletin 767-
53A0260, dated August 26, 2014, remain applicable in areas not 
hidden by the repair.

(h) Post-Repair Inspections

    Repairs identified in Part 2 of Boeing Alert Service Bulletin 
767-53A0260, dated August 26, 2014, specify post-repair 
airworthiness limitation inspections for compliance with 14 CFR 
25.57l(a)(3) at the repaired locations, which support compliance 
with 14 CFR 121.1109(c)(2) or 129.109(b)(2). As airworthiness 
limitations, these inspections are required by maintenance and 
operational rules. It is therefore unnecessary to mandate them in 
this AD. Deviations from these inspections require FAA approval, but 
do not require an AMOC.

(i) Exception to the Service Information

    Where Boeing Alert Service Bulletin 767-53A0260, dated August 
26, 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.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle 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 
(k) of this AD. Information may be emailed to: 9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.
    (3) An AMOC that provides an acceptable level of safety may be 
used for any repair, modification, or alteration required by this AD 
if it is approved by the Boeing Commercial Airplanes ODA that has 
been authorized by the Manager, Seattle ACO, 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 required by paragraph (i) 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 
(j)(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. 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

    For more information about this AD, contact Wayne Lockett, 
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle ACO, 
1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6447; 
fax: 425-917-6590; email: wayne.lockett@faa.gov.

(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) Boeing Alert Service Bulletin 767-53A0260, dated August 26, 
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 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.
    (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 September 16, 2016.
Suzanne Masterson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.

[FR Doc. 2016-23076 Filed 10-17-16; 8:45 am]
 BILLING CODE 4910-13-P
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