[Federal Register Volume 89, Number 85 (Wednesday, May 1, 2024)]
[Rules and Regulations]
[Pages 34988-34991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09338]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1214; Project Identifier AD-2023-00181-T; 
Amendment 39-22726; AD 2024-07-05]
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 757-200, 757-200CB, and 757-300 
airplanes. This AD was prompted by cracks on both sides of the airplane 
in the station (STA) 1640 frame web between S-14 and S-15. This AD 
requires an inspection or maintenance records check for existing liner 
holes in the STA 1640 frame web between S-14 and S-15, and applicable 
on-condition actions. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective June 5, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of June 5, 
2024.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1214; 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 W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For Boeing material, 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 material 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-2023-1214.

FOR FURTHER INFORMATION CONTACT: Wayne Ha, Aviation Safety Engineer, 
FAA, 2200 South 216th Street, Des Moines, WA 98198; phone: 562-627-
5238; 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 certain The Boeing 
Company Model 757-200, 757-200CB, and 757-300 airplanes. The NPRM 
published in the Federal Register on July 21, 2023 (88 FR 47090). The 
NPRM was prompted by cracks on both sides of the airplane at certain 
stringers. In the NPRM, the FAA proposed to require an inspection or a 
maintenance records check for existing liner holes at certain 
stringers, and applicable on-condition actions. The FAA is issuing this 
AD to address liner holes that could create a stress concentration 
around the hole and lead to cracks, which could result in the inability 
of a structural element to sustain limit load and could adversely 
affect the structural integrity of the airplane.

Discussion of Final Airworthiness Directive

Comments

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

Request to Clarify Location of Crack Findings

    Boeing requested that the SUMMARY section of the NPRM be revised to 
clarify the location of the cracks by replacing the phrase ``at certain 
stringers'' with ``in the STA 1640 frame web between S-14 and S-15'' in 
two places. Boeing stated that cracks were not detected at the stringer 
locations, but rather in the frame web between S-14 and S-15.
    The FAA concurs with the change and has revised this final rule 
accordingly.

Request To Clarify Applicable On-Condition Actions

    Boeing requested a revision to the NPRM section ``Related Service 
Information Under 1 CFR part 51'' to clarify that all on-condition 
actions depend on the airplane configuration and may include a 
combination of the actions.

[[Page 34989]]

    The FAA concurs with the request and has revised this final rule 
accordingly.

Request To Clarify Required Actions

    Paragraph (e) of the proposed AD stated that the AD would address 
``unplugged liner holes'' that could create a stress concentration 
around ``the unplugged hole'' and lead to cracks. Boeing requested that 
the word ``unplugged'' be removed in both locations. Boeing stated that 
although the primary concern is unplugged liner holes, the proposed AD 
would also require actions for certain plugged holes.
    The FAA agrees with the request and has changed paragraph (e) of 
this AD accordingly.

Request To Change Grouping for Certain Airplanes

    FedEx stated that all its airplanes affected by the NPRM are Model 
757-200 airplanes, and all of these airplanes are currently considered 
to be Group 1 airplanes, as defined by Boeing Alert Requirements 
Bulletin 757-53A0120 RB, dated January 17, 2022. FedEx added that its 
Model 757-200 airplanes were converted to a configuration similar to 
Boeing Model 757-200SF airplanes (special freighter airplanes with 
supplemental type certificate (STC) ST00916WI-D) per VT Mobile 
Aerospace Engineering STC ST03562AT, and therefore its airplanes are no 
longer configured as passenger airplanes. Because the inspection areas 
for its airplanes have been modified by STC ST03562AT, FedEx stated 
that the inspection areas specified for Group 1 airplanes are no longer 
applicable. FedEx therefore requested that Group 1 airplanes modified 
by STC ST03562AT be considered Group 3 airplanes, and required to 
follow all inspections, methods, and compliance times for Group 3 
airplanes. FedEx requested this change to avoid the need for an 
alternative method of compliance (AMOC) for its airplanes when the AD 
becomes effective.
    The FAA agrees that airplanes modified in accordance with STC 
ST03562AT are no longer Group 1 airplanes, as identified in Boeing 
Alert Requirements Bulletin 757-53A0120 RB, dated January 17, 2022, and 
are now Group 3. Paragraph (h)(4) of this AD has been added to specify 
that Group 1 airplanes that have been converted from a passenger to 
freighter configuration with STC ST03562AT must do the applicable 
actions specified for Group 3 airplanes.

Request To Extend Compliance Time

    FedEx requested an extension of the initial compliance time to 
3,000 flight cycles for actions in Tables 13 through 16 of Boeing Alert 
Requirements Bulletin 757-53A0120 RB, dated January 17, 2022. FedEx 
reported that not all of its airplanes will be scheduled for a heavy 
maintenance visit within the proposed compliance time, and that a 
3,000-flight-cycle compliance time would match the Model 757-200SF 
heavy maintenance schedule. FedEx added that any compliance time 
requirement sooner than 3,000 flight cycles would force FedEx to 
schedule airplanes at inopportune times and locations, and would become 
an even bigger burden to repair any cracking found during the 
inspections.
    The FAA does not agree to change the compliance time. In developing 
an appropriate compliance time for this action, the FAA considered the 
recommendations of the manufacturer, the urgency associated with the 
subject unsafe condition, and the practical aspect of compliance with 
the AD within a period of time that corresponds to the normal scheduled 
maintenance for most affected operators. In consideration of these 
items, the FAA determined that the compliance time, as proposed, will 
ensure an acceptable level of safety. The FAA has not changed this AD 
as a result of this comment. However, under the provisions of paragraph 
(i) of this AD, the FAA will consider requests for approval of 
alternative compliance times if sufficient data are submitted to 
substantiate that the change would provide an acceptable level of 
safety.

Request To Clarify Compliance Times for Airplanes With STC

    Delta reported that it operates a number of Boeing Model 757 
airplanes with STC ST01518SE installed but without winglets-a 
configuration approved under STC ST01518SE. Delta noted that paragraph 
(h)(3) of the proposed AD did not address this configuration. Delta 
requested that the proposed AD be revised to clarify whether the 
reduced compliance time specified in paragraph (h)(3) of this AD 
applies only to airplanes with winglets installed.
    The FAA provides the following clarification. A compliance time for 
airplanes with STC ST01518SE but without winglets has not been 
evaluated; therefore, that compliance-time requirement applies to all 
configurations with the STC ST01518SE modification. For clarification, 
paragraph (h)(3) of this AD has been revised to specify that the 
reduced compliance time applies to airplanes modified in accordance STC 
ST01518SE, with or without blended or scimitar blended winglets 
installed. However, as specified in paragraph (i) of this AD, the FAA 
will consider requests for approval of alternative compliance times if 
sufficient data are submitted to substantiate that the change would 
provide an acceptable level of safety.

Request To Require Different Service Information

    APB requested that the proposed AD be revised to require using 
Aviation Partners Boeing Service Bulletin AP757-53-004, Revision 1, 
dated February 15, 2023, for airplanes on which APB blended or scimitar 
blended winglets are installed by STC ST01518SE. APB provided no 
justification for this request.
    Delta requested that paragraph (h)(3) of the proposed AD be 
revised, for airplanes with STC ST01518SE, to provide the less 
restrictive compliance times and methods than those specified in the 
proposed AD by using Aviation Partners Boeing Service Bulletin AP757-
53-004, Revision 1, dated February 15, 2023. Delta stated that the 
conservative compliance times and repeat intervals specified in 
paragraph (h)(3) of the proposed AD would impose a great operational 
burden on Delta. Delta reported that it would be unable to accomplish 
the inspection in a regularly scheduled check environment within the 
proposed 1,000-flight-cycle compliance time. Delta added that the 
subject inspections require significant access procedures, which would 
result in extended unscheduled ground time, and could similarly affect 
all operators. Delta stated that APB, in its comments on the NPRM, 
reported that APB Service Bulletin AP757-53-004, Revision 1, dated 
February 15, 2023, had been independently reviewed by a designated 
engineering representative (DER) and recommended for FAA approval.
    The FAA disagrees with the requests. The FAA has not reviewed nor 
approved the APB service bulletin. And given the urgency of the 
identified unsafe condition, the FAA has determined that delaying this 
AD while this service bulletin is reviewed and approved would be 
inappropriate. However, 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 as a result of this comment.

[[Page 34990]]

Conclusion

    The FAA reviewed the relevant data, considered the 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 757-53A0120 RB, 
dated January 17, 2022. This service information specifies procedures 
for a general visual inspection or maintenance records check of the STA 
1640 fuselage frame web between S-14 and S-15, left and right sides, 
for an existing liner hole, and applicable on-condition actions. 
Depending on the airplane configuration, on-condition actions include 
repetitive surface high frequency eddy current (HFEC) inspections for 
cracks of the web around the fastener (plug), zero-timing the liner 
hole, plugging the liner hole, repetitive open-hole HFEC inspections of 
the web for cracks, and crack repair, or some combination of these 
actions. 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 419 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
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                                                                                    Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
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Inspection..........................  69 work-hours x $85 per              $0           $5,865       $2,457,435
                                       hour = $5,865.
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    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of the 
inspection. The agency has no way of determining the number of aircraft 
that might need these on-condition actions:

                                               On-Condition Costs
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                                                                                                     Cost per
                    Action                                Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
HFEC inspections, plugging the liner hole,     2 work-hours x $85 per hour =                $5             $345
 zero-timing of plugged liner hole.             $340.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost 
estimates for the crack 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.

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:

2024-07-05 The Boeing Company: Amendment 39-22726; Docket No. FAA-
2023-1214; Project Identifier AD-2023-00181-T.

(a) Effective Date

    This airworthiness directive (AD) is effective June 5, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 757-200, 757-200CB, 
and 757-300 airplanes, certificated in any category, as identified 
in Boeing Alert Requirements Bulletin 757-53A0120 RB, dated January 
17, 2022.

[[Page 34991]]

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by cracks on both sides of the airplane in 
the station (STA) 1640 frame web between stringer S-14 and S-15. The 
FAA is issuing this AD to address liner holes that could create a 
stress concentration around the holes and lead to cracks. The unsafe 
condition, if not addressed, could result in the inability of a 
structural element to sustain limit load and 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 757-53A0120 RB, dated January 17, 2022, 
do all applicable actions identified in, and in accordance with, the 
Accomplishment Instructions of Boeing Alert Requirements Bulletin 
757-53A0120 RB, dated January 17, 2022. Actions identified as 
terminating action in Boeing Alert Requirements Bulletin 757-53A0120 
RB, dated January 17, 2022, terminate the applicable required 
actions of this AD, provided the terminating action is done in 
accordance with the Accomplishment Instructions of Boeing Alert 
Requirements Bulletin 757-53A0120 RB, dated January 17, 2022.

    Note 1 to paragraph (g): Guidance for accomplishing the actions 
required by this AD can be found in Boeing Alert Service Bulletin 
757-53A0120, dated January 17, 2022, which is referred to in Boeing 
Alert Requirements Bulletin 757-53A0120 RB, dated January 17, 2022.

(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-
53A0120 RB, dated January 17, 2022, refer to the original issue date 
of Requirements Bulletin 757-53A0120 RB, this AD requires using the 
effective date of this AD.
    (2) Where Boeing Alert Requirements Bulletin 757-53A0120 RB, 
dated January 17, 2022, 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) For airplanes that have been modified in accordance with 
supplemental type certificate (STC) ST01518SE, with or without 
blended or scimitar blended winglets installed: This AD requires all 
compliance times and repetitive intervals required by this AD, as 
specified in the ``Compliance'' paragraph of Boeing Alert 
Requirements Bulletin 757-53A0120 RB, dated January 17, 2022, to be 
divided by a factor of 2.
    (4) For airplanes identified as Group 1 in Boeing Alert 
Requirements Bulletin 757-53A0120 RB, dated January 17, 2022, that 
have been converted from a passenger to freighter configuration with 
VT Mobile Aerospace Engineering (MAE) STC ST03562AT: This AD 
requires compliance with all applicable actions and compliance times 
specified for Group 3 airplanes.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, AIR-520, Continued Operational Safety 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, AIR-
520, Continued Operational Safety 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 Wayne Ha, 
Aviation Safety Engineer, FAA, 2200 South 216th Street, Des Moines, 
WA 98198; phone: 562-627-5238; email: [email protected].
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the address specified in 
paragraph (k)(3) 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 757-53A0120 RB, dated 
January 17, 2022.
    (ii) [Reserved]
    (3) For Boeing material, 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 material 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 material at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on March 29, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-09338 Filed 4-30-24; 8:45 am]
BILLING CODE 4910-13-P