[Federal Register Volume 85, Number 61 (Monday, March 30, 2020)]
[Rules and Regulations]
[Pages 17483-17487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06508]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0438; Product Identifier 2019-NM-033-AD; Amendment 
39-19875; AD 2020-05-25]
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 all 
The Boeing Company Model 757-200, -200PF, -200CB, and -300 series 
airplanes. This AD was prompted by a report that during a maintenance 
check an operator discovered cracking of the aft cargo compartment 
frames in the station 1460 frame web and inner chord between certain 
stringers. This AD requires an inspection of the fuselage frames for 
any existing repair, repetitive surface high frequency eddy current 
(HFEC) inspections of the fuselage frames with a cargo liner support 
channel for any cracking, and applicable on-condition actions. The FAA 
is issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective May 4, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 4, 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-
0438.

[[Page 17484]]

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-
0438; 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 all The Boeing Company 
Model 757 airplanes. The NPRM published in the Federal Register on June 
28, 2019 (84 FR 30958). The NPRM was prompted by a report that during a 
maintenance check an operator discovered cracking of the aft cargo 
compartment frames in the station 1460 frame web and inner chord 
between stringers S-26 and S-27 near an existing repair. The NPRM 
proposed to require an inspection of the fuselage frames for any 
existing repair, repetitive surface HFEC inspections of the fuselage 
frames with a cargo liner support channel for any cracking, and 
applicable on-condition actions.
    The FAA issued a supplemental notice of proposed rulemaking (SNPRM) 
to amend 14 CFR part 39 by adding an AD that would apply to all The 
Boeing Company Model 757 airplanes. The SNPRM published in the Federal 
Register on December 2, 2019 (84 FR 65931). The FAA issued the SNPRM to 
reduce the compliance time for certain airplane configurations.
    The FAA is issuing this AD to address cracking at the frame web and 
inner chord; such cracks could propagate until they cause a severed 
frame, which could result in additional undetected cracking in adjacent 
fuselage frames, and could ultimately result in reduced structural 
integrity of the aft cargo frames and consequent rapid decompression 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 SNPRM and the FAA's response to each comment.

Support for the SNPRM

    Boeing and United Airlines concurred with the SNPRM. FedEx stated 
they had no objection to the SNPRM.

Request To Utilize Actions for a Certain Airplane Group and a 
Compliance Time for Another Airplane Group

    VT Mobile Aerospace Engineering Inc. (VT MAE Inc.) requested to 
utilize inspections and methods for Group 7 airplanes, and utilize the 
compliance times for Groups 3 and 5 airplanes, which would reduce the 
repetitive inspection interval from 6,000 flight cycles to 4,000 flight 
cycles. VT MAE Inc. stated that its Model 757-200 airplanes were 
converted to freighter configuration per VT MAE Inc. supplemental type 
certificate (STC) ST04242AT (15 pallet configuration) and VT MAE Inc. 
STC ST03952AT (combi configuration/14 pallet configuration), and are no 
longer configured as a passenger airplanes. VT MAE Inc. also stated 
that Boeing Alert Requirements Bulletin 757-53A0113 RB, dated February 
22, 2019, shows that its converted Model 757-200 freighter fleet falls 
under Group 7 airplanes. VT MAE Inc. provided no justification for 
using compliance times for different airplane groups.
    The FAA agrees to provide additional clarification. The FAA issued 
the SNPRM to add an airplane configuration to the NPRM that addressed 
FedEx's fleet of 119 airplanes (approximately 22% of the affected U.S. 
fleet) that were converted from a passenger configuration to a 
freighter configuration using VT MAE Inc. STC ST03562AT. It was 
determined that these airplanes are subjected to the same fatigue loads 
as Groups 3 and 5 airplanes, as specified in Boeing Alert Requirements 
Bulletin 757-53A0113 RB, dated February 22, 2019. Therefore, paragraph 
(g)(2) of this AD was added in the SNPRM to address the required 
actions and compliance times for this added airplane configuration.
    The FAA agrees with VT MAE Inc.'s comments that airplanes modified 
using VT MAE Inc. STC ST04242AT and VT MAE Inc. STC ST03952AT are no 
longer configured as passenger airplanes. However, the FAA disagrees 
with the request to include additional exceptions in this AD that are 
specific to certain airplanes converted by VT MAE Inc. There are many 
different airplane configurations across multiple operators, and ADs 
cannot accommodate all possible configurations.
    The FAA has already delayed this AD to address one configuration. 
To reduce the compliance time of the proposed AD for airplanes modified 
using VT MAE Inc. STCs ST04242AT and ST003952AT would necessitate 
(under the provisions of the Administrative Procedure Act) reissuing 
the notice, reopening the period for public comment, considering 
additional comments subsequently received, and eventually issuing a 
final rule. That procedure could add unwarranted time to the rulemaking 
process. To delay this AD again would be inappropriate, since the FAA 
has determined that an unsafe condition exists and that inspections 
must be conducted to ensure continued safety. However, if additional 
data are presented that would justify a shorter compliance time for 
these airplanes, the FAA may consider further rulemaking on this issue. 
Under the provisions of paragraph (i) of this AD, the FAA will consider 
requests for approval of alternative actions and compliance times if 
sufficient data are submitted to substantiate that the change would 
provide an acceptable level of safety. The FAA has not changed this AD 
in this regard.

[[Page 17485]]

Request To Revise the Language in Note (a) of the Service Information

    DAL requested that the language in Note (a) of paragraph ``3. 
Compliance,'' of Boeing Alert Requirements Bulletin 757-53A0113 RB, 
dated February 22, 2019, be revised from ``meets the following 
criteria'' to ``meets one of the following criteria,'' and to also add 
``757-200 SRM [Structural Repair Manual] 53-00-07 Repair 5'' to the 
criteria. DAL stated that it interprets the note to mean either 
criterion 1 or criterion 2 provides relief from performing the subject 
inspections and that the statement only takes into consideration that a 
repair may be approved using FAA Form 8100-9. DAL commented that ``757-
200 SRM 53-00-07 Repair 5'' is also an FAA-approved repair for aft 
cargo compartment lower frames. DAL commented that the Boeing 757 SRM 
and any repair approved by The Boeing Organization Designation 
Authorization (ODA) using FAA Form 8100-9 are both FAA-approved and 
have damage tolerance analyses.
    The FAA disagrees with the comment. Note (a) in Boeing Alert 
Requirements Bulletin 757-53A0113 RB, dated February 22, 2019, is 
intended to address repairs that were designed as corrective actions to 
the unsafe condition addressed in the service information and this AD, 
are Boeing ODA-approved, and include a follow-on inspection program, 
but were installed before this AD becomes effective. For this reason, 
the FAA allows FAA Form 8100-9 for approved repairs that meet both 
criteria (1) and (2) specified in Note (a) of Boeing Alert Requirements 
Bulletin 757-53A0113 RB, dated February 22, 2019, to be exempted from 
the inspections in those repaired areas, but do not allow just any FAA-
approved repair to be exempted from these required inspections. 
However, under the provisions of paragraph (i) of this AD, the FAA will 
consider requests for approval of certain repairs in this area that 
affect compliance with this AD if sufficient data are submitted to 
substantiate that the change would provide an acceptable level of 
safety. The FAA has not changed this AD in this regard.

Request To Revise Certain Wording

    DAL pointed out that Sheet 3 of 3 of Figure 21 of Boeing Alert 
Requirements Bulletin 757-53A0113 RB, dated February 22, 2019, contains 
an error in the inspection task description. DAL stated that the 
inspection task description and general visual inspection for station 
1260 nomenclature should be ``FRAME'' instead of ``FRAME WEB.'' DAL 
also stated that the procedure is to do a general visual inspection for 
any existing repairs in the area prior to accomplishing a detailed 
inspection and HFEC inspection. DAL commented that this is also 
consistent with the other general visual inspection nomenclature of 
adjacent frames to a frame found with a severed inner chord on Group 12 
airplanes.
    From these statements, the FAA infers that DAL was requesting that 
the SNPRM be revised to correct the error in Figure 21 (Sheet 3 of 3) 
of Boeing Alert Requirements Bulletin 757-53A0113 RB, dated February 
22, 2019. The FAA disagrees with the commenter's request. While the FAA 
agrees that the name of the part specified in Figure 21 (Sheet 3 of 3) 
of Boeing Alert Requirements Bulletin 757-53A0113 RB, dated February 
22, 2019, is incorrect, it will not affect the operator's ability to 
accomplish the inspection in Figure 21 (Sheet 3 of 3) of Boeing Alert 
Requirements Bulletin 757-53A0113 RB, dated February 22, 2019, as the 
location where the inspection is to be performed is clearly identified 
in the figure. The FAA has not changed this AD in this regard.

Request To Define ``Unrepaired Locations''

    Delta Airlines (DAL) requested that the FAA define ``unrepaired 
locations'' in the SNPRM to eliminate misinterpretations. DAL stated 
that it has interpreted the definition of ``unrepaired locations'' to 
mean the areas of each frame that do not have a repair, which 
interferes with accomplishment of the HFEC inspection. DAL commented 
that this interpretation is based on the possibility that airplanes in 
a cargo liner attachment channel configuration with two fasteners may 
have one fastener location with an interfering repair and one fastener 
location without an interfering repair. DAL also stated that it 
possible to interpret ``unrepaired locations'' to mean only body 
stations with fuselage frames free of existing repairs.
    The FAA disagrees with the commenter's request. The service 
information defines the locations that are to be inspected for repairs 
and cracks. Boeing Alert Requirements Bulletin 757-53A0113 RB, dated 
February 22, 2019, specifies operators to do a general visual 
inspection of the fuselage frames with a cargo liner support channel 
for any existing repair and provides figures that define the areas 
where these inspections for repairs are to be performed. The on-
condition actions in Boeing Alert Requirements Bulletin 757-53A0113 RB, 
dated February 22, 2019, then specify that if a repair in the 
inspection area is found to contact Boeing for alternative inspections 
and then to do those inspections and any corrective actions, as 
applicable. Paragraph (h) of this AD requires operators to do the 
repair, or alternative inspections and applicable on-condition actions 
using a method approved in accordance with the procedures specified in 
paragraph (i) of this AD. In addition, Boeing Alert Requirements 
Bulletin 757-53A0113 RB, dated February 22, 2019, specifies that 
operators perform the inspections for cracks at the locations that did 
not have repairs and provides figures that clearly define those 
inspection areas. The FAA has not changed this AD in this regard.

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 as proposed, except for minor 
editorial changes. The FAA has determined that these minor changes:
     Are consistent with the intent that was proposed in the 
SNPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the SNPRM.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Requirements Bulletin 757-53A0113 RB, 
dated February 22, 2019. This service information describes procedures 
for a general visual inspection of the fuselage frames with a cargo 
liner support channel for any existing repair, repetitive surface HFEC 
inspections of the fuselage frames with a cargo liner support channel 
for any cracking, and applicable on-condition actions. On-condition 
actions include a general visual inspection of the fuselage frames 
adjacent to a frame with a severed inner chord for any existing repair, 
a detailed inspection and a surface HFEC inspection of the fuselage 
frames adjacent to a frame with a severed inner chord 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

    The FAA estimates that this AD affects 544 airplanes of U.S. 
registry.

[[Page 17486]]

The FAA 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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General visual inspection........  37 work-hours x $85              $0  $3,145.............  $1,710,880.
                                    per hour = $3,145.
Repetitive surface HFEC            Up to 37 work-hours               0  Up to $3,145 per     Up to $1,710,880
 inspections.                       x $85 per hour =                     inspection cycle.    per inspection
                                    Up to $3,145 per                                          cycle.
                                    inspection cycle.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition inspections that would be required. The FAA has no way of 
determining the number of aircraft that might need these on-condition 
inspections:

                                     Estimated Costs of On-Condition Actions
----------------------------------------------------------------------------------------------------------------
                        Labor cost                            Parts cost              Cost per product
----------------------------------------------------------------------------------------------------------------
Up to 20 work-hour x $85 per hour = Up to $1,700 per                   $0   Up to $1,700 per inspection cycle.
 inspection cycle.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data that would enable the 
agency to provide cost estimates for the on-condition repair 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.

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):

2020-05-25 The Boeing Company: Amendment 39-19875; Docket No. FAA-
2019-0438; Product Identifier 2019-NM-033-AD.

(a) Effective Date

    This AD is effective May 4, 2020.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to all The Boeing Company Model 757-200, -
200PF, -200CB, and -300 series airplanes, certificated in any 
category.
    (2) Installation of Supplemental Type Certificate (STC) 
ST01518SE does not affect the ability to accomplish the actions 
required by this AD. Therefore, for airplanes on which STC ST01518SE 
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 a report that during a maintenance check 
an operator discovered cracking of the aft cargo compartment frames 
in the station 1460 frame web and inner chord between certain 
stringers. The FAA is issuing this AD to address cracking at the 
frame web and inner chord; such cracks could propagate until they 
cause a severed frame, which could result in additional undetected 
cracking in adjacent fuselage frames, and could ultimately result in 
reduced structural integrity of the aft cargo frames and consequent 
rapid decompression of the airplane.

(f) Compliance

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

(g) Required Actions

    (1) Except as specified by paragraphs (g)(2) and (h) of this AD: 
At the applicable times specified in the ``Compliance'' paragraph of 
Boeing Alert Requirements Bulletin 757-53A0113 RB, dated February 
22, 2019, do all applicable actions identified in, and in accordance 
with, the Accomplishment Instructions of Boeing Alert Requirements 
Bulletin 757-53A0113 RB, dated February 22, 2019.
    (2) For airplanes that have been converted from a passenger to 
freighter configuration using VT Mobile Aerospace Engineering Inc. 
(VT MAE Inc.) STC ST03562AT: Except as specified by paragraph (h) of 
this AD, at the times specified for Groups 3 and 5 airplanes, as 
applicable, in the ``Compliance'' paragraph of Boeing Alert 
Requirements Bulletin 757-53A0113 RB, dated February 22, 2019, do 
all

[[Page 17487]]

applicable actions for Groups 2, 7, and 10 airplanes as identified 
in, and in accordance with the Accomplishment Instructions of Boeing 
Alert Requirements Bulletin 757-53A0113 RB, dated February 22, 2019.

    Note 1 to paragraph (g):  Guidance for accomplishing the actions 
required by this AD can be found in Boeing Alert Service Bulletin 
757-53A0113, dated February 22, 2019, which is referred to in Boeing 
Alert Requirements Bulletin 757-53A0113 RB, dated February 22, 2019.

(h) Exceptions To Service Information Specifications

    (1) Where Boeing Alert Requirements Bulletin 757-53A0113 RB, 
dated February 22, 2019, uses the phrase ``the original issue date 
of Requirements Bulletin 757-53A0113 RB,'' this AD requires using 
``the effective date of this AD,'' except where Boeing Alert 
Requirements Bulletin 757-53A0113 RB, dated February 22, 2019, uses 
the phrase ``the original issue date of Requirements Bulletin 757-
53A0113 RB'' in a note or flag note.
    (2) Where Boeing Alert Requirements Bulletin 757-53A0113 RB, 
dated February 22, 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 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, 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 (j)(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.

(j) 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 (k)(3) and (4) of this AD.

(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 757-53A0113 RB, dated 
February 22, 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 on March 10, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-06508 Filed 3-27-20; 8:45 am]
 BILLING CODE 4910-13-P