[Federal Register Volume 87, Number 211 (Wednesday, November 2, 2022)]
[Rules and Regulations]
[Pages 66080-66083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23770]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0159; Project Identifier AD-2021-01019-T; 
Amendment 39-22199; AD 2022-20-15]
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 airplanes. This AD was prompted by a 
report of cracks found in the fastener holes at a certain location in 
the center wing box rear spar, lower skin. This AD requires repetitive 
inspections for cracking of certain areas of the center wing box rear 
spar, lower skin and lower chord; and repair. The FAA is issuing this 
AD to address the unsafe condition on these products.

DATES: This AD is effective December 7, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 7, 
2022.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-0159; or in person at Docket Operations between 9 
a.m. and

[[Page 66081]]

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 W12-140, 1200 
New Jersey Avenue SE, Washington, DC 20590.

Material Incorporated by Reference

     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; website 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 206-231-3195. It is also available at 
regulations.gov under Docket No. FAA-2022-0159.

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; email: 
[email protected].

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 all The Boeing Company 
Model 757-200, -200PF, -200CB, and -300 series airplanes. The NPRM 
published in the Federal Register on April 11, 2022 (87 FR 21032). The 
NPRM was prompted by a report of cracks found in the fastener holes at 
a certain location in the center wing box rear spar, lower skin, on a 
Boeing Model 737-300. An analysis by Boeing showed the same condition 
can occur on Boeing Model 757 airplanes. In the NPRM, the FAA proposed 
to require repetitive inspections for cracking of certain areas of the 
center wing box rear spar, lower skin and lower chord; and repair. The 
FAA is issuing this AD to detect and correct cracking that, if 
undetected, could result in the inability of a principal structural 
element to sustain limit load, which could adversely affect the 
structural integrity of the airplane.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from FedEx Express who supported the 
NPRM without change.
    The FAA received additional comments from four commenters, 
including Aviation Partners Boeing (APB), Boeing, Delta Air Lines 
(Delta), and United Airlines (United). The following presents the 
comments received on the NPRM and the FAA's response to each comment.

Effect of Winglets on Accomplishment of the Proposed Actions

    APB stated that accomplishing Supplemental Type Certificate (STC) 
ST01518SE does not affect accomplishment of the actions specified in 
the proposed AD.
    The FAA concurs with the commenter. The FAA has redesignated 
paragraph (c) of the proposed AD as paragraph (c)(1) of this AD and 
added paragraph (c)(2) to this AD to state that installation of 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.

Request To Clarify Sealant Requirements

    Delta requested adding a paragraph to the proposed AD to provide 
clarification on the sealant requirements specified in Figure 2, Sheet 
3; Figure 3, Sheet 3; and Figure 4, Sheet 3 of Boeing Alert 
Requirements Bulletin 757-57A0075 RB, dated August 25, 2021. Delta 
stated that in those figures on the sheets specified in the previous 
sentence the application of BMS 5-45 and BMS 5-168 sealants are listed 
as separate substeps and calls for both of those sealants to be 
applied. Delta also stated that Step 2 of Figures 2 and 4 also seem to 
confirm a ``both/and'' interpretation. Delta asserted that without 
clarification, operators would be unable to discern between a ``both/
and'' sub-step and an ``either/or'' sub-step in those figures. Delta 
added that Boeing confirmed that ``The intent of the note is for 
operators to choose one of the sealants.'' Delta pointed out that in 
other Boeing service information, an ``either/or'' step for applying 
sealant would use the format ``BMS X-XX (BMS Y-YY optional).'' Delta 
added in closing that it is impossible for operators to obtain 
materials meeting BMS 5-168. United also requested a correction to step 
3 of figure 4 of Boeing Alert Requirements Bulletin 757-57A0075 RB, 
dated August 25, 2021, because that step specifies applying two fuel 
tank sealants at the same location while a referenced manual section 
only specifies one sealant to be applied.
    The FAA agrees to clarify the sealant requirements. The FAA has 
added paragraph (h)(3) to this AD to specify that where Boeing Alert 
Requirements Bulletin 757-57A0075 RB, dated August 25, 2021, states in 
Step 3 of Sheet 3 of Figures 2 and 4 and in Step 4 of Sheet 3 of Figure 
3 to use both sealants, this AD only requires one of the sealants to be 
used.

Request To Permit Certain Substitutes

    Delta requested a revision of the proposed AD to permit the use of 
Section 20-30-01-201 from the Boeing 757 Aircraft Maintenance Manual 
(AMM) as a means of identifying permitted substitutes for BMS 5-168 and 
for fasteners, process and material substitutions. Delta stated that it 
reviewed reference material of Boeing Alert Requirements Bulletin 757-
57A0075 RB, dated August 25, 2021, and found that there were no 
products identified as a BMS 5-168 sealant.
    The FAA disagrees with the request to revise the proposed AD to 
reference a section of the AMM. As previously stated, the FAA has added 
paragraph (h)(3) to this AD to permit the use of either BMS 5-45 or BMS 
5-168 sealants, which provides relief from the lack of a BMS 5-168-
qualified sealant. The FAA still requires the use of approved 
fasteners, processes, and material substitutions in accordance with the 
specifications of Boeing Alert Requirements Bulletin 757-57A0075 RB, 
dated August 25, 2021. The FAA has not changed this AD in this regard.

Request To Remove Incorrect Phrasing From Service Information

    Delta requested a paragraph be added to the proposed AD to remove 
the phrase ``as an accepted procedure'' from note (b) in Sheet 3 of 
Figure 1 of Boeing Alert Requirements Bulletin 757-57A0075 RB, dated 
August 25, 2021. Delta noted that a general note in the Accomplishment 
Instructions of Boeing Alert Requirements Bulletin 757-57A0075 RB, 
dated August 25, 2021, defines ``refer to'' (suggested action) and ``in 
accordance with'' (required action) and that ``as an accepted 
procedure'' is being used in a note that specifies ``in accordance 
with.'' Delta received confirmation from Boeing that the phrase ``as an 
accepted procedure''

[[Page 66082]]

should not have been used in a note that specified ``in accordance 
with.''
    The FAA agrees to add paragraph (h)(4) to this AD to require 
omitting ``as an accepted procedure'' from note (b) in Sheet 3 of 
Figure 1 of Boeing Alert Requirements Bulletin 757-57A0075 RB, dated 
August 25, 2021.

Request To Identify Inspection Locations in Costs of Compliance

    Boeing requested that the inspection locations identified in the 
table of the Costs of Compliance paragraph of the proposed AD be 
revised. Boeing stated that the second row of the table, which 
identifies ultrasonic and detailed inspection action, does not specify 
a location. Boeing identified that location as being between LBBL [left 
body buttock line] 5.5 and 9.5 and RBBL [right body buttock line] 5.5 
and 9.5. Boeing also stated that the third row of the table is not 
correct and should specify ``between LBBL 5.5 and RBBL 5.5.''
    The FAA agrees to revise the table in the Cost of Compliance 
paragraph of this AD as suggested by Boeing.

Request To Revise Estimated Work Hours

    Boeing requested the table in Cost of Compliance paragraph in the 
proposed AD be revised to clarify that internal access hours are 
included with inspection actions. Boeing suggested either breaking out 
the internal access hours in a separate row or adding a footnote to 
clarify that the internal access hours have been included in each 
inspection action and thus, the overall inspection hours may be less 
when accomplished concurrently. Boeing noted that the proposal would 
allow operators to more accurately estimate the costs for their fleets.
    The FAA agrees to clarify the estimated costs. The FAA acknowledges 
that access and close-out actions comprise the bulk of the work-hour 
estimates for the inspections. Further, for some situations, there 
might be duplicated access costs included in the estimates and thus the 
AD might look more ``expensive'' than the actual cost to operators. 
However, it is FAA policy to include all related work-hours in the cost 
estimate for required actions. Although an operator may choose to 
complete multiple inspections at once, they are not required to. 
Therefore the FAA includes all related costs for each inspection, which 
includes the access and close-out work-hours. The FAA has not changed 
this AD in this regard.

Conclusion

    The FAA reviewed the relevant data, considered any comments 
received, and determined that air safety requires adopting this AD as 
proposed. Accordingly, the FAA is issuing this AD to address the unsafe 
condition on these products. Except for minor editorial changes, and 
any other changes described previously, this AD is adopted as proposed 
in the NPRM. None of the changes will increase the economic burden on 
any operator.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Requirements Bulletin 757-57A0075 RB, 
dated August 25, 2021. This service information specifies procedures 
for repetitive external high-frequency eddy current (HFEC) or internal 
detailed inspections for cracking in the center wing box rear spar, 
lower skin, and lower chord between LBBL 9.5 and 39.0 and RBBL 9.5 and 
39.0; repetitive internal ultrasonic inspection of the center wing box 
lower chord and detailed inspections of the lower skin at the rear spar 
between LBBL 5.5 and LBBL 9.5, and between RBBL 5.5 and RBBL 9.5 for 
cracking; repetitive internal detailed inspection of the center wing 
box lower skin and rear spar lower chord between LBBL 5.5 and RBBL 5.5 
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 
ADDRESSES.

Costs of Compliance

    The FAA estimates that this AD affects 477 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
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                                                                                                 Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
HFEC inspection or detailed        Up to 19 work-hours              $0  $1,615 per           Up to $770,355 per
 inspection (between LBBL 9.5 and   x $85 per hour =                     inspection cycle.    inspection cycle.
 39.0 and RBBL 9.5 and 39.0).       Up to $1,615 per
                                    inspection cycle.
Ultrasonic and detailed            19 work-hours x $85               0  $1,615 per           $770,355 per
 inspection (between LBBL 5.5 and   per hour = $1,615                    inspection cycle.    inspection cycle.
 9.5 and RBBL 5.5 and 9.5).         per inspection
                                    cycle.
Detailed inspection (between LBBL  18 work-hour x $85                0  $1,530 per           $729,810 per
 5.5 and RBBL 5.5).                 per hour = $1,530                    inspection cycle.    inspection cycle.
                                    per inspection
                                    cycle.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition repairs 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

[[Page 66083]]

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.

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:

2022-20-15 The Boeing Company: Amendment 39-22199; Docket No. FAA-
2022-0159; Project Identifier AD-2021-01019-T.

(a) Effective Date

    This airworthiness directive (AD) is effective December 7, 2022.

(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 57, Wings.

(e) Unsafe Condition

    This AD was prompted by a report of cracks found in the fastener 
holes at a certain location on the center wing box rear spar, lower 
skin. The FAA is issuing this AD to detect and correct cracking 
that, if undetected, could result in the inability of a principal 
structural element to sustain limit load, 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 757-57A0075 RB, dated August 25, 2021, 
do all applicable actions identified in, and in accordance with, the 
Accomplishment Instructions of Boeing Alert Requirements Bulletin 
757-57A0075 RB, dated August 25, 2021.

    Note 1 to paragraph (g): Guidance for accomplishing the actions 
required by this AD can be found in Boeing Alert Service Bulletin 
757-57A0075, dated August 25, 2021, which is referred to in Boeing 
Alert Requirements Bulletin 757-57A0075 RB, dated August 25, 2021.

(h) Exceptions to Service Information Specifications

    (1) Where the Compliance Time columns of the tables in the 
``Compliance'' paragraph of Boeing Alert Requirements Bulletin 757-
57A0075 RB, dated August 25, 2021, use the phrase ``the original 
issue date of Requirements Bulletin 757-57A0075 RB,'' this AD 
requires using ``the effective date of this AD.''
    (2) Where Boeing Alert Requirements Bulletin 757-57A0075 RB, 
dated August 25, 2021, 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.
    (3) Where Step 3 in Sheet 3 of Figures 2 and 4, and Step 4 in 
Sheet 3 of Figure 3 of Boeing Alert Requirements Bulletin 757-
57A0075 RB, dated August 25, 2021, specifies applying both BMS 5-45 
and BMS 5-168 sealants, this AD requires application of either BMS 
5-45 or BMS 5-168 sealant.
    (4) Where note (b) in Sheet 3 of Figure 1 of Boeing Alert 
Requirements Bulletin 757-57A0075 RB, dated August 25, 2021, 
specifies ``as an accepted procedure,'' this AD requires omitting 
that phrase.

(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 responsible Flight Standards 
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 responsible Flight Standards 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; 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 757-57A0075 RB, dated 
August 25, 2021.
    (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; website myboeingfleet.com.
    (4) 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 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 protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on September 24, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-23770 Filed 11-1-22; 8:45 am]
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