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Federal Register / Vol. 86, No. 231 / Monday, December 6, 2021 / Rules and Regulations
Issued on October 28, 2021.
Lance T. Gant, Director, Compliance & Airworthiness Division, Aircraft Certification Service.
FR Doc. 202126334 Filed 12321; 8:45 am BILLING CODE 491013P

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration 14 CFR Part 39
Docket No. FAA20210338; Project Identifier AD202001423T; Amendment 3921820; AD 20212321
RIN 2120AA64

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 7878 and 7879 airplanes. This AD was prompted by reports that shimming requirements were not met during the assembly of certain structural joints, which can result in reduced fatigue thresholds and cracking of the affected structural joints.
This AD requires repetitive inspections for cracking of certain areas of the aft wheel well bulkhead AWWB body chord and AWWB side fitting and failsafe straps, and repair of any cracking found. The FAA is issuing this AD to address the unsafe condition on these products.
DATES: This AD is effective January 10, 2022.
The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD
as of January 10, 2022.
ADDRESSES: For service information identified in this final rule, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services C&DS, 2600 Westminster Blvd., MC
110SK57, Seal Beach, CA 907405600;
telephone 5627971717; internet https www.myboeingfleet.com. You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 2062313195.
It is also available at https
www.regulations.gov by searching for and locating Docket No. FAA2021
0338.

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SUMMARY:

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Examining the AD Docket You may examine the AD docket at https www.regulations.gov by searching for and locating Docket No.
FAA20210338; 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, 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 W12140, 1200 New Jersey Avenue SE, Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Greg Rutar, Aerospace Engineer, Airframe Section, FAA, Seattle ACO Branch, 2200
South 216th St., Des Moines, WA 98198;
phone and fax: 2062313529; email:
Greg.Rutar@faa.gov.
SUPPLEMENTARY INFORMATION:
Background 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 7878 and 7879 airplanes. The NPRM published in the Federal Register on May 10, 2021 86 FR 24778.
The NPRM was prompted by reports that shimming requirements were not met during the assembly of certain structural joints, which can result in reduced fatigue thresholds and cracking of the affected structural joints. In the NPRM, the FAA proposed to require repetitive inspections for cracking of certain areas of the AWWB body chord and AWWB side fitting and failsafe straps, and repair of any cracking found.
The FAA is issuing this AD to address undetected fatigue cracking, which could weaken primary structure so it cannot sustain limit load, and could result in reduced structural integrity of the airplane.
Discussion of Final Airworthiness Directive Comments The FAA received a comment from United Airlines who supported the NPRM without change.
The FAA received additional comments from two commenters, including Avianca Airlines AVA and Boeing. The following presents the comments received on the NPRM and the FAAs response to each comment.
Request To Use Alternative Repair Method AVA asked that the FAA change the following language used in paragraph h3 of the proposed AD This AD
requires doing the repair using a method
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approved in accordance with the procedures specified in paragraph i of this AD. AVA stated that this means submitting a request for an alternative method of compliance AMOC is required in accordance with paragraph i3 of the proposed AD. AVA added that the proposed repair is based on the time delay required to obtain an AMOC
letter, which affects the operational return to service of the affected aircraft, and noted that a Form 81009 is already an approved document that certifies compliance with the airworthiness standard. AVA proposed that only an 81009 approval form be required for doing a repair after contacting Boeing.
The FAA does not agree with the commenters request. An FAA Form 81009, which is both a repair data approval and AMOC approval, may be issued by the Boeing Company Organization Designation Authorization ODA, provided it has been authorized by the Manager, Seattle ACO Branch, FAA, as required by paragraph i3 of this AD. Therefore, the FAA has not changed this AD in this regard.
Request To Use Later Revision of the Service Information AVA asked that the FAA include a paragraph in the proposed AD that approves any further revision or issue of Boeing Alert Requirements Bulletins B78781205SB53007700 RB and B78781205SB53007800 RB, both Issue 001, both dated September 8, 2020, for compliance with the proposed AD.
The FAA does not agree with the commenters request. The FAA may not in an AD refer to any document that does not yet exist. In general terms, the FAA is required by Office of the Federal Register OFR regulations for approval of materials incorporated by reference, as specified in 1 CFR 51.1f, 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 operators must request approval to use later revisions as an alternative method of compliance with this AD under the provisions of paragraph i of this AD.

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