[Federal Register Volume 89, Number 123 (Wednesday, June 26, 2024)]
[Rules and Regulations]
[Pages 53349-53352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13936]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-1687; Project Identifier AD-2024-00253-T; 
Amendment 39-22771; AD 2024-12-07]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for The 
Boeing Company Model 757-200 airplanes modified by particular 
supplemental type certificates. This AD was prompted by reports of 
cracking in the structure in and around the lavatory service panel. 
This AD requires repetitively inspecting the lavatory service panel, 
access pan, and attaching structure for cracks; reinforcing the 
attaching structure; and if necessary, replacing the access pan or 
repairing cracked parts. The FAA is issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective July 11, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 11, 
2024.
    The FAA must receive comments on this AD by August 12, 2024.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow 
the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov by 
searching for and locating Docket No. FAA-2024-1687; 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 street address for Docket 
Operations is listed above.

[[Page 53350]]

    Material Incorporated by Reference:
     For Precision Conversions LLC material, contact Precision 
Conversions LLC, 9800 SW Nimbus Ave., Beaverton, OR 97008; ATTN: Brent 
VanFossen; phone 503-601-3001; email 
[email protected].
     You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th Street, 
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-2024-1687.

FOR FURTHER INFORMATION CONTACT: Joseph Zuklic, Aviation Safety 
Engineer, FAA, 2200 South 216th Street, Des Moines, WA 98198; phone 
206-231-3858; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
the ADDRESSES section. Include Docket No. FAA-2024-1687 and Project 
Identifier AD-2024-00253-T at the beginning of your comments. The most 
helpful comments reference a specific portion of the final rule, 
explain the reason for any recommended change, and include supporting 
data. The FAA will consider all comments received by the closing date 
and may amend this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this AD contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this AD, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this AD. Submissions containing CBI should be sent to Joseph 
Zuklic, Aviation Safety Engineer, FAA, 2200 South 216th Street, Des 
Moines, WA 98198; phone 206-231-3858; email [email protected]. 
Any commentary that the FAA receives that is not specifically 
designated as CBI will be placed in the public docket for this 
rulemaking.

Background

    The FAA has received several reports of cracking in the structure 
in and around the lavatory service panel. The stress concentrations in 
the lavatory service panel access pan, the fuselage skin, and the 
stringer 22 (S-22R) attachment to the service panel are too high 
causing fatigue cracking. This condition, if not addressed, could 
result in an in-flight depressurization of the airplane, and reduced 
structural integrity of the aircraft. The FAA is issuing this AD to 
address the unsafe condition on these products.

FAA's Determination

    The FAA is issuing this AD because the agency has determined the 
unsafe condition described previously is likely to exist or develop in 
other products of the same type design.

Related Material Under 1 CFR Part 51

    The FAA reviewed Precision Conversions LLC Service Bulletin PC-757-
53A0005, Revision 2, dated May 7, 2024. This material specifies 
procedures for a detailed visual and eddy current inspection of the 
lavatory service panel, access pan, and attaching structure for cracks. 
In addition, this material specifies procedures for reinforcing the 
attaching structure including the following repetitive inspections for 
cracks: repetitive detailed visual inspections of access pan corners; 
internal low-frequency eddy current (LFEC) inspections of the external 
skin around all fastener holes common to the access pan; and internal 
high-frequency eddy current (HFEC) or external LFEC inspections of the 
doubler-to-skin fastener holes, skin trim area, and lavatory service 
panel cover plate fastener holes. Corrective actions specified in this 
material include replacing the access pan and obtaining and following 
repair instructions, if necessary. This material 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.

AD Requirements

    This AD requires accomplishing the actions specified in the 
material already described, except as discussed under ``Differences 
Between this AD and the Referenced Material,'' and except for any 
differences identified as exceptions in the regulatory text of this AD.

Difference Between This AD and the Referenced Material

    Precision Conversions Service Bulletin PC-757-53A0005, Revision 2, 
dated May 7, 2024, allows repetitive inspections as an option if no 
crack is found during the detailed visual inspection of the lavatory 
service panel, access pan fastener holes, S-22R stringer, and external 
skin (Condition 2, Option 1). However, the FAA received numerous 
reports of cracking in the structure in and around the lavatory service 
panel, necessitating reinforcement of the area within 2,000 flight 
cycles. Long-term inspections may not provide the degree of safety 
necessary for the affected fleet; thus, this AD does not allow for this 
inspection to be repeated and instead requires installing the 
reinforcement within 2,000 flight cycles after the initial inspection.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies forgoing notice and comment prior to adoption of this rule 
because fatigue cracking in the lavatory service panel, the fuselage 
skin, and/or stringer 22 could result in an in-flight depressurization 
of the airplane and reduced structural integrity of the aircraft. 
Several affected airplanes have already exceeded the flight cycle 
inspection threshold. In addition, the FAA received numerous reports of 
cracking in the structure in and around

[[Page 53351]]

the lavatory service panel, supporting an increased likelihood of a 
decompression event on aircraft that are not reinforced. Because of the 
urgency of the unsafe condition, affected airplanes must be inspected 
within the grace period (3 months) allowed after the effective date of 
this AD. Accordingly, notice and opportunity for prior public comment 
are impracticable and contrary to the public interest pursuant to 5 
U.S.C. 553(b)(3)(B).

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not 
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt 
a rule without prior notice and comment. Because the FAA has determined 
that it has good cause to adopt this rule without notice and comment, 
RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 13 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                    Parts
            Action                 Labor cost       cost         Cost per product        Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Inspection....................  8 work-hours x          $0  $680 per inspection cycle  $8,840 per inspection
                                 $85 per hour =                                         cycle.
                                 $680 per
                                 inspection
                                 cycle.
Reinforcement installation....  38 work-hours x      3,910  7,140....................  92,820.
                                 $85 per hour =
                                 $3,230.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any replacement that 
would be required based on the results of the inspection. The FAA has 
no way of determining the number of aircraft that might need this 
replacement:

----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Service pan replacement......................  10 work-hours x $85 per hour =             $250           $1,100
                                                $850.
----------------------------------------------------------------------------------------------------------------

    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 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, and
    (2) Will not affect intrastate aviation in Alaska.

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:

2024-12-07 The Boeing Company: Amendment 39-22771; Docket No. FAA-
2024-1687; Project Identifier AD-2024-00253-T.

(a) Effective Date

    This airworthiness directive (AD) is effective July 11, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 757-200 airplanes, 
certificated in any category, modified by supplemental type 
certificate ST01529SE or ST02278SE.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports of cracking in the structure in 
and around the lavatory service panel. The FAA is issuing this AD to 
address cracks in and around the lavatory service panel. The unsafe 
condition, if not addressed, could result in an in-flight 
depressurization of the airplane and reduced structural integrity of 
the aircraft.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with the Accomplishment Instructions of Precision 
Conversions Service Bulletin PC-757-53A0005, Revision 2, dated May 
7, 2024.

(h) Exceptions to Service Information Specifications

    (1) Where the table in the ``Compliance'' paragraph of Precision 
Conversions Service Bulletin PC-757-53A0005, Revision 2, dated May 
7, 2024, refers to the original issue date of this service bulletin, 
this AD requires using the effective date of this AD.
    (2) Where the table in the ``Compliance'' paragraph of Precision 
Conversions Service

[[Page 53352]]

Bulletin PC-757-53A0005, Revision 2, dated May 7, 2024, specifies in 
Condition 2 Option 1 to repetitively inspect if no cracks are found, 
this AD does not allow repetitive inspections and requires 
installing reinforcement within 2,000 flight cycles after the 
initial inspection in accordance with Paragraph III, Part 3, 
Reinforcement, of Precision Conversions Service Bulletin PC-757-
53A0005, Revision 2, dated May 7, 2024.
    (3) Where Precision Conversions Service Bulletin PC-757-53A0005, 
Revision 2, dated May 7, 2024, specifies contacting Precision 
Engineering for instructions when specific conditions are found, 
this AD requires complying with those instructions by 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, West Certification 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) 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.
    (4) Except as required by paragraph (h) of this AD: For material 
that contains steps that are labeled as Required for Compliance 
(RC), the provisions of paragraphs (i)(4)(i) and (ii) of this AD 
apply.
    (i) The steps labeled as RC, including substeps under an RC step 
and any figures identified in an RC step, must be done to comply 
with the AD. If a step or substep is labeled ``RC Exempt,'' then the 
RC requirement is removed from that step or substep. An AMOC is 
required for any deviations to RC steps, including substeps and 
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted 
methods in accordance with the operator's maintenance or inspection 
program without obtaining approval of an AMOC, provided the RC 
steps, including substeps and identified figures, can still be done 
as specified, and the airplane can be put back in an airworthy 
condition.

(j) Related Information

    For more information about this AD, contact Joseph Zuklic, 
Aviation Safety Engineer, FAA, 2200 South 216th Street, Des Moines, 
WA 98198; phone 206-231-3858; email [email protected].

(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 material as applicable to do the actions 
required by this AD, unless the AD specifies otherwise.
    (i) Precision Conversions Service Bulletin PC-757-53A0005, 
Revision 2, dated May 7, 2024.
    (ii) [Reserved]
    (3) For Precision Conversions LLC material, contact Precision 
Conversions LLC, 9800 SW Nimbus Ave, Beaverton, OR 97008; ATTN: 
Brent VanFossen; phone 503-601-3001; email 
[email protected].
    (4) You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th 
Street, 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 June 11, 2024.
Suzanne Masterson,
Deputy Director, Integrated Certificate Management Division, Aircraft 
Certification Service.
[FR Doc. 2024-13936 Filed 6-21-24; 11:15 am]
BILLING CODE 4910-13-P