[Federal Register Volume 85, Number 3 (Monday, January 6, 2020)]
[Rules and Regulations]
[Pages 433-436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28465]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0603; Product Identifier 2019-NM-087-AD; Amendment
39-21013; AD 2019-25-14]
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 777-300ER and 777F series airplanes.
This AD was prompted by an evaluation by the design approval holder
(DAH) indicating that the fuselage stringers, stringer splices, and
skin splice straps are subject to widespread fatigue damage (WFD). This
AD requires repetitive detailed inspections of certain stringer splices
and skin splice straps for any cracks, repetitive high frequency eddy
current (HFEC) inspections of certain stringers and stringer splices
for any cracks, and applicable on-condition actions. The FAA is issuing
this AD to address the unsafe condition on these products.
DATES: This AD is effective February 10, 2020.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of February 10,
2020.
ADDRESSES: For 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; telephone 562-797-1717; internet https://www.myboeingfleet.com. You may view this service information at the
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA.
For information on the availability of this material at the FAA, call
206-231-3195. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0603.
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-
0603; 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: Eric Lin, Aerospace Engineer, Airframe
Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA
98198; phone and fax: 206-231-3523; 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 777-300ER and 777F series airplanes. The NPRM published
in the Federal Register on August 8, 2019 (84 FR 38889). The NPRM was
prompted by an evaluation by the DAH indicating that the fuselage
stringers, stringer splices, and skin splice straps are subject to WFD.
The NPRM proposed to require repetitive detailed inspections of certain
stringer splices and skin splice straps for any cracks, repetitive HFEC
inspections of certain stringers and stringer splices for any cracks,
and applicable on-condition actions.
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 concurred with the NPRM.
Request To Use an Approved Document for the Inspections
FedEx requested that either the service information or the proposed
AD be revised to include a repair approved via FAA Form 8110-3 as a
repair that would not require a repeat inspection of the affected
inspection zone. FedEx noted that Note (a) 2. in Tables 1 through 12 in
paragraph 3., Compliance, of Boeing Alert Requirements Bulletin 777-
53A0091 RB, dated April 8, 2019, states that ``It is not required to do
repeat inspections in areas where a repair covers the affected
inspection zone provided . . . the installed repair was approved by the
Boeing Organizational Designation Authorization via a FAA Form 8100-
9.'' FedEx did not provide further justification for this request.
The FAA does not agree with the request. Note (a) 2. of Boeing
Alert Requirements Bulletin 777-53A0091 RB, dated April 8, 2019,
addresses repairs that are designed as corrective actions to address
the unsafe condition, which include a follow-on inspection program. The
FAA allows FAA Form 8100-9 for approved repairs that meet the specified
criteria, because it is used by the Boeing Organization Designation
Authorization (ODA). The ODA staff are familiar with the unsafe
condition addressed by this proposed AD and are able to develop a
repair and repetitive inspection program that adequately addresses the
unsafe condition. FAA Form 8110-3 is for use by a consultant/company
designated engineering representative (DER), who may not have the same
data or knowledge of the unsafe condition as the Boeing ODA. For this
reason, the FAA does not allow approvals granted via an FAA Form 8110-3
under the provisions of note (a) 2. of Boeing Alert Requirements
Bulletin 777-53A0091 RB, dated April 8, 2019. However, operators may
utilize DERs with the appropriate authorizations to repair their
airplanes and request an
[[Page 434]]
alternative method of compliance (AMOC) for the repair in accordance
with paragraph (i) of this AD. The AD has not been changed in this
regard.
Request To Add Service Information Exception
FedEx requested an additional exception in paragraph (h) of the
proposed AD to be included to state that the notes in paragraph 5.A,
General Information, of Boeing Alert Requirements Bulletin 777-53A0091
RB, dated April 8, 2019, are not mandated by the proposed AD. FedEx
pointed out that the notes are only general information and should not
be subject to the requirements of the proposed AD. FedEx went on to
argue that other operators and maintenance, repair, and overhaul (MRO)
services have acceptable maintenance practices that are approved in
accordance with 14 CFR 121 and 14 CFR 145. FedEx suggested that, if a
note is to be mandated by the proposed AD, then the note should be
listed within paragraph (g) of the proposed AD.
The FAA agrees to clarify. Accomplishing the actions specified in
the Accomplishment Instructions of Boeing Alert Requirements Bulletin
777-53A0091 RB, dated April 8, 2019, is required in its entirety for
compliance with the AD. The notes in paragraph 5.A, General
Information, of Boeing Alert Requirements Bulletin 777-53A0091 RB,
dated April 8, 2019, are provisions to define or explain the different
aspects of the requirements and service information, including
inspection types, dimensions and tolerances, and other information.
These notes are relieving. If these notes were not included in Boeing
Alert Requirements Bulletin 777-53A0091 RB, dated April 8, 2019,
operators would have to seek AMOCs for items like approved fastener
substitutions and tolerances for different dimensions or torque values.
By including the notes, the FAA does not anticipate operators needing
AMOCs for items covered by the notes. Operators or MRO services may
apply for an AMOC in accordance with paragraph (i) of this AD if they
are concerned about a specific note or have an alternative maintenance
practice they would like to use. The AD has not been changed in this
regard.
Request To Include Inspection for Existing Repairs
FedEx requested that either the service information or the proposed
AD be revised to include an inspection for existing repairs. FedEx
reasoned that other related ADs include inspections or corrective
actions for existing repairs.
The FAA does not agree with the request. In general, service
information and ADs only include instructions to inspect for existing
repairs when it has been determined that there are numerous existing
repairs in the affected area that could impede an operator's ability to
do the required actions in a new AD. In this case, the FAA has
determined that there are few, if any, such existing repairs, so an
inspection for existing repairs is not necessary. Operators with an
existing repair in the affected area can apply for an AMOC in
accordance with paragraph (i) of this AD. The AD has not been changed
in this regard.
Request To Revise a Certain Note to This AD
FedEx requested that Note 1 to paragraph (g) of the proposed AD be
removed or revised to refer back to Boeing Alert Requirements Bulletin
777-53A0091 RB, dated April 8, 2019, rather than Boeing Alert Service
Bulletin 777-53A0091, dated April 8, 2019. FedEx argued that including
the note in the regulatory text of the proposed AD, means that Boeing
Alert Service Bulletin 777-53A0091, dated April 8, 2019, is also
mandated to accomplish the requirements of the proposed AD. FedEx
contended that it does not believe both a service bulletin and a
requirements bulletin are required to satisfy the requirements of an
AD. FedEx went on to assert that in past ADs, only one of either type
of service information was necessary. FedEx suggested that, if the FAA
must reference Boeing Alert Service Bulletin 777-53A0091, dated April
8, 2019, for accomplishing the proposed AD, then the proposed AD should
only require Boeing Alert Service Bulletin 777-53A0091, dated April 8,
2019.
The FAA agrees to clarify. Paragraph (g) of this AD requires
operators to comply with only the actions identified in the
Accomplishment Instructions of Boeing Alert Requirements Bulletin 777-
53A0091 RB, dated April 8, 2019. Note 1 to paragraph (g) of this AD
does not mandate Boeing Alert Service Bulletin 777-53A0091, dated April
8, 2019. Instead, Note 1 to paragraph (g) of this AD notifies operators
that Boeing Alert Service Bulletin 777-53A0091, dated April 8, 2019,
provides additional guidance that may be helpful in complying with the
requirements of this AD. This language is consistent with the language
used in other ADs that refer to Boeing Requirement Bulletins. The AD
has not been changed in this regard.
Request To Remove Open and Close Access Steps
FedEx requested that the open and close access steps from Boeing
Alert Requirements Bulletin 777-53A0091 RB, dated April 8, 2019, be
removed from the AD. FedEx noted that Tables 1 through 12 in paragraph
5.B.1., Requirements, of Boeing Alert Requirements Bulletin 777-53A0091
RB, dated April 8, 2019, include actions for open and close access.
FedEx contended that, because these actions are included within Boeing
Alert Requirements Bulletin 777-53A0091 RB, dated April 8, 2019, they
are actions that are required by the proposed AD. FedEx pointed to Note
1 in paragraph 5.A, General Information, of Boeing Alert Requirements
Bulletin 777-53A0091 RB, dated April 8, 2019, which explains ``enhanced
required for compliance'' documents, as further supporting their
position that actions for open and close access are required to be
accomplished. FedEx reasoned that the justification for using
requirements bulletins was to eliminate the need for AMOCs for actions
such as access and general maintenance practices. FedEx suggested that,
should the FAA not remove the open and close access requirements from
Boeing Alert Requirements Bulletin 777-53A0091 RB, dated April 8, 2019,
then Boeing should return to writing only service bulletins with marked
``RC'' steps.
The FAA agrees to clarify. The open and close access steps are not
identified in the ``Action'' column in the tables in the Accomplishment
Instructions of Boeing Alert Requirements Bulletin 777-53A0091 RB,
dated April 8, 2019, and therefore are not required by this AD. The
open and close access steps in the ``Refer to'' column in the tables in
the Accomplishment Instructions of the Boeing Alert Requirements
Bulletin 777-53A0091 RB, dated April 8, 2019, are only there to specify
one method for open and close access if needed. Operators may use
accepted methods for open and close access in accordance with the
operator's maintenance or inspection program without obtaining approval
of an AMOC. The AD has not been changed in this regard.
Request To Address Service Information Error
FedEx pointed out that Boeing Alert Service Bulletin 777-53A0091,
dated April 8, 2019, references the incorrect Boeing aircraft
maintenance manual (AMM) chapter. FedEx stated that the open and close
access steps of Boeing Alert Service Bulletin 777-53A0091, dated April
8, 2019, should reference
[[Page 435]]
Boeing 777 AMM 25-80-00 instead of Boeing 777 AMM 25-59-02, for
removing main deck cargo compartment insulation blankets. FedEx added
that it assumes the open and close access steps are required for
compliance with the proposed AD, so this change would avoid the need
for FedEx to obtain an AMOC.
The FAA agrees to clarify. The FAA concurs that the AMM reference
in Boeing Alert Service Bulletin 777-53A0091, dated April 8, 2019, is
incorrect and that one source of information for accomplishing this
task is Boeing 777 AMM 25-80-00. However, a revision to the service
information is not necessary in order to comply with this AD. As stated
previously, the open and close access steps referenced in Boeing Alert
Service Bulletin 777-53A0091, dated April 8, 2019, are not required for
compliance because they are not identified in the Action column of the
tables of the Accomplishment Instructions of Boeing Alert Requirements
Bulletin 777-53A0091 RB, dated April 8, 2019. The AD has not been
changed in this regard.
Request To Clarify the Location of the Unsafe Condition
Boeing pointed out that the description of the location of the
unsafe condition is incorrect in the first sentence of the fifth
paragraph of the Discussion section of the NPRM. Boeing explained that
the unsafe condition was found beneath certain stringer splices and not
beneath certain circumferential splices. Boeing requested that the
sentence be changed to read: ``The FAA has received a report indicating
that aluminum chips and conical burr foreign object debris (FOD), were
found on in-production model 777-300ER and 777F airplanes in the
interfaces beneath stringer splices at station (STA) 825+210, STA 655,
STA 1434+189, and STA 1832.''
The FAA agrees that the description in the NPRM is inaccurate.
Since that section of the preamble does not reappear in the final rule,
no change to the final rule is necessary.
Request To Correct a Typographical Error
Boeing requested that the FAA correct a typographical error in the
Costs of Compliance section of the NPRM. The NPRM stated that ``The FAA
has have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this AD.''
Boeing noted that the word ``have'' should be removed from the
sentence.
The FAA agrees with the commenter that an error was made in the
Costs of Compliance section of the NPRM, and the error has been
corrected accordingly.
Conclusion
The FAA reviewed the relevant data, considered the comments
received, and determined that air safety and the public interest
require adopting this final rule with the change 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 Boeing Alert Requirements Bulletin 777-53A0091 RB,
dated April 8, 2019. The service information describes procedures for
repetitive detailed inspections of certain stringer splices and skin
splice straps for any cracks, repetitive HFEC inspections of certain
stringers and stringer splices for any cracks, and applicable on-
condition actions. On-condition actions include 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
The FAA estimates that this AD affects 12 airplanes of U.S.
registry. The agency estimates the following costs to comply with this
AD:
Estimated Costs for Required Actions
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Cost on U.S.
Action Labor cost Parts cost Cost per product operators
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Detailed and HFEC Inspections.... Up to 79 work-hours $0 Up to $6,715 per Up to $80,580 per
x $85 per hour = inspection cycle. inspection cycle.
Up to $6,715 per
inspection cycle.
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The FAA has received no definitive data that would enable the
agency to provide cost estimates for the on-condition actions specified
in this AD.
According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected individuals. The FAA does not control warranty coverage for
affected individuals. As a result, the agency has included all known
costs in its cost estimate.
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
[[Page 436]]
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):
2019-25-14 The Boeing Company: Amendment 39-21013; Docket No. FAA-
2019-0603; Product Identifier 2019-NM-087-AD.
(a) Effective Date
This AD is effective February 10, 2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company Model 777-300ER and 777F
series airplanes, certificated in any category, as identified in
Boeing Alert Requirements Bulletin 777-53A0091 RB, dated April 8,
2019.
(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 (DAH) indicating that the fuselage stringers, stringer
splices, and skin splice straps are subject to widespread fatigue
damage (WFD). The FAA is issuing this AD to address undetected
fatigue cracks, which could adversely affect the structural
integrity of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
Except as specified by paragraph (h) of this AD: At the
applicable times specified in the ``Compliance'' paragraph of Boeing
Alert Requirements Bulletin 777-53A0091 RB, dated April 8, 2019, do
all applicable actions identified in, and in accordance with, the
Accomplishment Instructions of Boeing Alert Requirements Bulletin
777-53A0091 RB, dated April 8, 2019.
Note 1 to paragraph (g): Guidance for accomplishing the actions
required by this AD can be found in Boeing Alert Service Bulletin
777-53A0091, dated April 8, 2019, which is referred to in Boeing
Alert Requirements Bulletin 777-53A0091 RB, dated April 8, 2019.
(h) Exceptions to Service Information Specifications
(1) Where Boeing Alert Requirements Bulletin 777-53A0091 RB,
dated April 8, 2019, uses the phrase ``the original issue date of
Requirements Bulletin 777-53A0091 RB'' or ``the original issue date
of this service bulletin,'' this AD requires using ``the effective
date of this AD,'' except where Boeing Alert Requirements Bulletin
777-53A0091 RB, dated April 8, 2019, uses the phrase ``the original
issue date of this service bulletin'' in a note or flag note.
(2) Where Boeing Alert Requirements Bulletin 777-53A0091 RB,
dated April 8, 2019, specifies contacting Boeing for repair
instructions: This AD requires doing the repair before further
flight using a method approved in accordance with the procedures
specified in paragraph (i) of this AD.
(i) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Seattle ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or local Flight Standards District
Office, as appropriate. If sending information directly to the
manager of the certification office, send it to the attention of the
person identified in paragraph (j) 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, Seattle
ACO Branch, FAA, to make those findings. To be approved, the repair
method, modification deviation, or alteration deviation must meet
the certification basis of the airplane, and the approval must
specifically refer to this AD.
(j) Related Information
For more information about this AD, contact Eric Lin, Aerospace
Engineer, Airframe Section, FAA, Seattle ACO Branch, 2200 South
216th St., Des Moines, WA 98198; phone and fax: 206-231-3523; email:
[email protected].
(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 Requirements Bulletin 777-53A0091 RB, dated
April 8, 2019.
(ii) [Reserved]
(3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone 562-797-1717; internet https://www.myboeingfleet.com.
(4) 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.
(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, email [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Des Moines, Washington, on December 17, 2019.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2019-28465 Filed 1-3-20; 8:45 am]
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