[Federal Register Volume 89, Number 116 (Friday, June 14, 2024)]
[Rules and Regulations]
[Pages 50510-50513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13015]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0017; Project Identifier AD-2022-01418-T; 
Amendment 39-22753; AD 2024-10-07]
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 
potential cracks starting in hidden areas underneath the scuff plates 
in the fuselage skin and bear strap of certain doors. This AD requires 
a general visual inspection or a maintenance records check for repairs 
in the areas around the fuselage skin door cutout lower corners of 
certain doors, applicable on-condition actions, and inspections for 
airplanes modified to a cargo configuration. The FAA is issuing this AD 
to address the unsafe condition on these products.

DATES: This AD is effective July 19, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 19, 
2024.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-0017; 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 service information, 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-2023-0017.

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 all The Boeing Company 
Model 757 airplanes. The NPRM published in the Federal Register on 
January 26, 2023 (88 FR 4920). The NPRM was prompted by the potential 
for cracks to start in hidden areas underneath the scuff plates in the 
fuselage skin and bear strap of certain doors. In the NPRM, the FAA 
proposed to require an inspection or a maintenance records check for 
repairs in the areas around the fuselage skin door cutout lower corners 
of certain doors, and applicable on-condition actions. The FAA is 
issuing this AD to address the unsafe condition on these products.
    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 September 6, 2023 (88 FR 60904). The SNPRM was prompted by 
additional inspections for Model 757-200 series airplanes that have 
been modified from a passenger configuration to a cargo configuration 
under supplemental type certificate (STC) ST04242AT, ST03562AT, or 
ST03952AT. The SNPRM proposed to require Model 757-200 series airplanes 
with STC ST04242AT, ST03562AT, or ST03952AT, only the No. 1, No. 2, and 
No. 4 passenger entry doors, and the No. 1, No. 2, and No. 3 cargo 
doors, would have to be inspected. The SNPRM proposed to require that 
for those airplanes, the crew entry door and main deck cargo door, as 
applicable, would also have to be inspected. The FAA is issuing this AD 
to address cracks caused by higher fatigue stresses at the fuselage 
skin door cutout lower corners, which could adversely affect the 
structural integrity of the airplane.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from an individual commenter, Air Line 
Pilots Association, International (ALPA), and Boeing, who supported the 
SNPRM without change.
    The FAA received additional comments from three commenters, FedEx 
Express, VT Mobile Aerospace Engineering (VT MAE), and United Parcel 
Service (UPS). The following presents the comments received on the 
SNPRM and the FAA's response to each comment.

Request for Change to Applicability Requirements

    FedEx stated that it cannot fully comply with paragraph (g)(3) of 
this proposed AD. FedEx stated it plans to complete the inspect 
procedures for Group 1, Group 2, and Group 3 aircraft due to multiple 
door configurations throughout their 757-200 fleet. In addition to 
Group 1, Group 2, and Group 3 aircraft inspection requirements, FedEx 
requested the main deck cargo door inspection area from Group 6 
aircraft be included for our VT MAE STC ST03562AT converted aircraft. 
Therefore, FedEx stated it plans to comply with Group 1, Group 2, and 
Group 3 aircraft inspection requirements and Group 6 main deck cargo 
door area only.
    The FAA agrees to clarify the requirements. Paragraph (g)(3) of 
this AD was added to the SNPRM to include the inspections at the main 
deck cargo door for Model 757-200 series airplanes that have been 
modified from a passenger to cargo configuration under VT MAE STC 
ST03562AT or ST03952AT. Paragraph (g)(1) already requires the 
inspections for Group 1, Group 2, and Group 3 for all airplanes, as 
applicable. Therefore, this AD captures FedEx's requested change. The 
FAA has not changed this AD in this regard.

Request for Change to Compliance Requirements

    Two commenters requested that the initial compliance time be 
extended for certain airplanes. FedEx and VT MAE requested initial 
inspections for the main deck cargo door (MDCD) start 30,000 flight 
cycles from installation or 3,000 flight cycles from the original issue 
date of Boeing Requirements Bulletin 757-53A0119 RB (October 12, 2022). 
FedEx stated main deck cargo doors were installed during passenger-

[[Page 50511]]

to-freighter conversion per VT MAE STC ST03562AT. VT MAE noted that for 
airplanes modified from a passenger to a freighter configuration per VT 
MAE STC ST03562AT or ST03952AT, the skin and bear strap at the main 
deck cargo door area is newly installed.
    The FAA disagrees because the compliance times specified in this AD 
address the unsafe condition initiating at all of the affected lower 
door corner cutouts. In addition, although VT MAE provided data showing 
the skin and bear strap is newly installed during their passenger to 
freighter conversion, it did not provide a fatigue test report or a 
fatigue and damage tolerance analysis to substantiate an alternative 
inspection threshold to what is required by this AD for the main deck 
cargo door area. The FAA will consider alternative methods of 
compliance (AMOCs) for extensions to the compliance times if sufficient 
FedEx needs to supply additional data is submitted to show the proposed 
compliance time adequately addresses the unsafe condition at this 
specific location. The FAA has not changed this AD in this regard.

Request Consideration for Damage Tolerance and Allowable Limits

    UPS requested that paragraph (h)(2) of the proposed AD be revised 
to change ``any existing repair'' to ``any existing reinforcing 
repair.''
    UPS also requested that an exception be added in paragraph (h)(4) 
of the proposed AD to specify ``where Boeing Alert Requirements 
Bulletin 757-53A0119 RB, dated October 12, 2022, uses the phrase ``any 
repair,'' this AD requires using ``any reinforcing repair.''
    UPS stated that structural repair manual (SRM) procedure 53-00-15-
1A-2 allows for dents common to the main and lower cargo door lower 
scuff plates and the fuselage outer skin to have a maximum depth of 
0.010'' without further inspection of the underlying skin or repetitive 
supplemental inspections. Additionally, UPS stated that SRM procedure 
53-00-01-1A-1 allows for the fuselage skin to have smooth dents, edge, 
surface blends up to 15% of any cross-sectional area, and SRM procedure 
53-00-01-2R-6 allows for rivet plugging of lightning-strike or small-
hole damage. UPS stated that rivet plugs using solid rivets are noted 
as a category A repair with no supplemental inspections. UPS stated 
that the repairs within the SRM allowable limits and small damage 
repair do not appreciably affect damage tolerance of the fuselage skin 
at the door cutouts and surrounding structure. Furthermore, UPS noted 
the potential for non-reinforcing repairs (dents, blends, etc.) that 
are beyond SRM-allowable limits but approved by Boeing authorization to 
remain with no supplemental inspections. UPS considered the intent of 
the general visual inspection (GVI) or maintenance records review is to 
identify and report existing reinforcing repairs that may affect damage 
tolerance of the fuselage skin.
    The FAA disagrees. The unsafe condition identified in this AD has 
an impact on the damage tolerance of all repairs in the affected areas. 
These repairs need to be evaluated in conjunction with the unsafe 
condition identified in this AD to determine whether they still provide 
an acceptable level of safety. 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 SNPRM. 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 757-53A0119 RB, 
dated October 12, 2022. This service information specifies procedures 
for either a general visual inspection or a maintenance records check 
for repairs in the areas around the fuselage skin door cutout lower 
corners of the No. 1, No. 2, and No. 4 passenger entry doors; crew 
entry door; No. 1, No. 2, and No. 3 cargo doors; and main deck cargo 
door; and applicable on-condition actions, including repetitive low 
frequency and high frequency eddy current inspections for cracks in the 
skin or bear strap in the unrepaired areas, and crack 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 482 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
----------------------------------------------------------------------------------------------------------------
General visual inspection for repairs.  1 work-hour x $85 per              $0              $85          $40,970
                                         hour = $85.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of the 
proposed inspection. The agency has no way of determining the number of 
airplanes that might need these on-condition actions:

                                               On-Condition Costs
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                 Action                            Labor cost             Parts cost        Cost per product
----------------------------------------------------------------------------------------------------------------
Inspections for cracks.................  Up to 27 work-hours x $85 per            $0   Up to $2,295 per
                                          hour = Up to $2,295 per                       inspection cycle.
                                          inspection cycle.
----------------------------------------------------------------------------------------------------------------

    The extent of cracking found during the on-condition inspection 
could vary significantly from airplane to airplane. The FAA has no way 
of determining the extent of cracking that may be found on each 
airplane, the cost to repair the cracking on each airplane, or the 
number of airplanes that may require repair.

[[Page 50512]]

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:

2024-10-07 The Boeing Company: Amendment 39-22753; Docket No. FAA-
2023-0017; Project Identifier AD-2022-01418-T.

(a) Effective Date

    This airworthiness directive (AD) is effective July 19, 2024.

(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 the potential for cracks to start in 
hidden areas underneath the scuff plates in the fuselage skin and 
bear strap of certain doors. The FAA is issuing this AD to address 
cracks caused by higher fatigue stresses at the fuselage skin door 
cutout lower corners. This unsafe condition, if not addressed, 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

    (1) For all airplanes: Except as specified by paragraph (h) of 
this AD, at the applicable times specified in the ``Compliance'' 
paragraph of Boeing Alert Requirements Bulletin 757-53A0119 RB, 
dated October 12, 2022, do all applicable actions identified in, and 
in accordance with, the Accomplishment Instructions of Boeing Alert 
Requirements Bulletin 757-53A0119 RB, dated October 12, 2022.
    (2) For Model 757-200 series airplanes that have been modified 
from a passenger to cargo configuration under VT Mobile Aerospace 
Engineering (VT MAE) STC ST04242AT: Except as specified by paragraph 
(h) of this AD, at the applicable times specified in Table 4 and 
Table 5 of the ``Compliance'' paragraph of Boeing Alert Requirements 
Bulletin 757-53A0119 RB, dated October 12, 2022, do all applicable 
actions for Group 4 identified in, and in accordance with, Table 4 
and Table 5 of the Accomplishment Instructions of Boeing Alert 
Requirements Bulletin 757-53A0119 RB, dated October 12, 2022.
    (3) For Model 757-200 series airplanes that have been modified 
from a passenger to cargo configuration under VT MAE STC ST03562AT 
or ST03952AT: Except as specified by paragraph (h) of this AD, at 
the applicable times specified in Table 5 of the ``Compliance'' 
paragraph of Boeing Alert Requirements Bulletin 757-53A0119 RB, 
dated October 12, 2022, do all applicable actions for Group 6 
identified in, and in accordance with, Table 5 of the Accomplishment 
Instructions of Boeing Alert Requirements Bulletin 757-53A0119 RB, 
dated October 12, 2022.

    Note 1 to paragraph (g): Guidance for accomplishing the actions 
required by this AD can be found in Boeing Alert Service Bulletin 
757-53A0119, dated October 12, 2022, which is referred to in Boeing 
Alert Requirements Bulletin 757-53A0119 RB, dated October 12, 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-
53A0119 RB, dated October 12, 2022, use the phrase ``the original 
issue date of Requirements Bulletin 757-53A0119 RB,'' this AD 
requires using ``the effective date of this AD.''
    (2) Where Boeing Alert Requirements Bulletin 757-53A0119RB, 
dated October 12, 2022, specifies performing a general visual 
inspection (GVI) or a maintenance records check for any existing 
repair, if only a maintenance records check is accomplished with no 
GVI, then any initial high frequency eddy current (HFEC) or low 
frequency eddy current (LFEC) inspection with a compliance time of 
before further flight must be done prior to the accumulation of 
30,000 total flight cycles, or within 3,000 flight cycles after the 
effective date of this AD, whichever occurs later.
    (3) Where Boeing Alert Requirements Bulletin 757-53A0119 RB, 
dated October 12, 2022, 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, 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 Continued Operational 
Safety Branch, 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 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

[[Page 50513]]

(ODA) that has been authorized by the Manager, AIR-520, Continued 
Operational Safety Branch, 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 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 757-53A0119 RB, dated 
October 12, 2022.
    (ii) [Reserved]
    (3) For service information, 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 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.html or email [email protected].

    Issued on May 14, 2024.
James D. Foltz,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-13015 Filed 6-13-24; 8:45 am]
BILLING CODE 4910-13-P