[Federal Register Volume 89, Number 138 (Thursday, July 18, 2024)]
[Rules and Regulations]
[Pages 58257-58260]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15827]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-2395; Project Identifier AD-2023-00767-T; 
Amendment 39-22773; AD 2023-12-09]
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 superseding Airworthiness Directive (AD) 2022-08-
12, which applies to all The Boeing Company Model 757 airplanes. AD 
2022-08-12 required repetitive inspections for skin cracking and shim 
migration at the upper link drag fittings, diagonal brace cracking, and 
fastener looseness; and applicable on-condition actions. This AD was 
prompted by reports of bolt rotation in the engine drag fitting joint 
and fastener heads and cracks found in the skin of the fastener holes, 
a determination that certain drag fittings may be made of alternate 
materials, which could result in reduced structural integrity of the 
engine strut, and a determination that additional inspections and 
revised compliance times are needed. This AD retains the requirements 
of AD 2022-08-12 with revised compliance times for certain actions and 
requires adding inspections for existing repairs and applicable on 
condition actions. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective August 22, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of August 22, 
2024.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-2395; 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 service information incorporated by reference 
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.
     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-2023-2395.

FOR FURTHER INFORMATION CONTACT: Wayne Ha, Aviation Safety Engineer, 
FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 562-627-
5238; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2022-08-12, Amendment 39-22015 (87 FR 
26964, May 6, 2022) (AD 2022-08-12). AD 2022-08-12 applied to all The 
Boeing Company Model 757 airplanes. The NPRM published in the Federal 
Register on December 21, 2023 (88 FR 88271). The NPRM was prompted by 
reports of bolt rotation in the engine drag fitting joint and fastener 
heads and cracks found in the skin of the fastener holes, and the need 
to reduce the compliance time for certain groups. In the NPRM, the FAA 
proposed to require repetitive inspections for skin cracking and shim 
migration at the upper link drag fittings, diagonal brace cracking, and 
fastener looseness; and applicable on-condition actions. The FAA issued 
AD 2022-08-12 to address cracking in the wing upper skin and forward 
drag fittings, which could lead to a compromised upper link and reduced 
structural integrity of the engine strut, and possible separation of a 
strut and engine from the airplane during flight.

Actions Since AD 2022-08-12 Was Issued

    Since the FAA issued AD 2022-08-12, it was determined that drag 
fittings made of alternate materials have possibly been installed on 
some configurations, which could result in reduced structural integrity 
of the engine strut. The FAA has determined that additional inspections 
and revised compliance times are needed to maintain structural 
integrity. Although this AD does not explicitly restate the 
requirements of AD 2022-08-12, this AD would retain all requirements of 
AD 2022-08-12. Those requirements are referenced in the service 
information identified previously, which, in turn, is referenced in 
paragraph (g) of this AD.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from The Boeing Company, who supported 
the NPRM without change.
    The FAA received additional comments from five commenters, 
including Aviation Partners Boeing, Delta Air Lines, UPS Airlines, 
United Airlines, and FedEx Express. 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

    Aviation Partners Boeing has reviewed the NPRM and has determined 
that the incorporation of STC ST01518SE for installation of blended or 
scimitar blended winglets does not affect compliance with the mandated 
actions in the proposed rule. Boeing does not have delegation to 
approve repairs in areas affected by the scimitar blended winglet 
configuration of STC ST01518SE. Therefore, Boeing will not be able to 
use Organization Designation Authorization (ODA) approval in paragraph 
(j)(3) of this AD to make an alternative method of compliance (AMOC) 
finding on behalf of the FAA for alternative inspections and corrective 
actions in areas affected by the scimitar blended winglet configuration 
of STC ST01518SE. The operators of scimitar blended winglet airplanes 
subject to this AD should be aware that approval of any alternative 
inspections and corrective actions as an AMOC to the final rule will 
only be obtainable from the FAA through the means described in 
paragraph (j)(1) of this AD.
    The FAA agrees. The FAA has not changed this AD in this regard.

[[Page 58258]]

Requests for Revising AMOCs Paragraphs (j)(4) Through (j)(6) of the 
Proposed Rule

    Delta Air Lines, FedEx, UPS Airlines, and United Airlines requested 
revising AMOCs paragraphs (j)(4), (j)(5), and (j)(6) of the proposed 
rule. Delta Air Lines stated that restrictions of paragraphs (j)(4) 
through (j)(6) of the proposed rule would put an extreme and 
unnecessary burden on Model 757 operators. FedEx was concerned that 
paragraphs (j)(4) and (j)(5) of the proposed rule would prevent 
continued operation of the affected airplanes until new AMOC approvals 
could be obtained. UPS Airlines requested revising paragraphs (j)(4), 
(j)(5), and (j)(6) of the proposed rule to accept AMOCs issued after 
March 1, 2021. United Airlines stated that paragraphs (j)(4) through 
(j)(6) of the proposed rule contains exception for previously approved 
AMOCs for locations at the wing skin and drag fittings at the upper 
link drag fittings (fasteners 1-18) that will affect the aircraft 
operations until new AMOC is received, or new inspection is 
accomplished.
    The FAA agrees with the commenters. The FAA has determined that 
paragraphs (j)(4), (j)(5), and (j)(6) of the proposed rule are not 
required. The FAA has determined that the Compliance Tables 19 and 20 
of Revision 3 of the Boeing Alert Requirements Bulletin 757-57A0073 RB 
address all existing repairs and existing drag fitting replacement with 
universal fitting. The FAA has removed paragraphs (j)(4), (j)(5), and 
(j)(6) of the proposed rule accordingly.

Request To Not Reduce Inspection Compliance Times Under Certain 
Circumstances

    UPS Airlines proposed that the inspection compliance times for some 
configurations that installed upper link drag fitting made of optional 
materials be reduced only if this condition has been confirmed by 
visual inspection and/or maintenance records review.
    The FAA acknowledges UPS Airlines' concern. However, the FAA does 
not agree with the proposed request because UPS Airlines did not submit 
sufficient data to substantiate that the proposed actions would provide 
an acceptable level of safety. Under the provisions of paragraph (j) 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. This AD has not been changed regarding this proposed request.

Request for Revising Paragraphs (h)(1) Through (h)(4) of the Proposed 
Rule

    UPS Airlines also requested to revise paragraphs (h)(1) through 
(h)(4) of the proposed rule from ``Where the Compliance Time columns of 
the tables'' to ``Where the Compliance Time columns and notes of the 
tables.'' UPS Airlines explained that both Compliance Time columns and 
notes in the tables are referred to Boeing Alert Requirements Bulletin 
757-57A0073 RB.
    The FAA agrees to revise from ``Where the Compliance Time columns 
of the tables'' to ``Where the Compliance Time columns and notes of the 
tables'' for paragraphs (h)(2), (h)(3), and (h)(4) of this AD, because 
the notes in compliance tables refer to ``On or after the Revision 1 
date of Boeing Alert Requirements Bulletin 757-57A0073 RB.'' Paragraph 
(h)(2) of this AD refers to the phrase ``the Revision 1 date of Boeing 
Alert Requirements Bulletin 757-57A0073 RB,'' paragraph (h)(3) of this 
AD refers to the phrase ``the Revision 2 date of Boeing Alert 
Requirements Bulletin 757-57A0073 RB,'' and paragraph (h)(4) of this AD 
refers to the phrase ``the Revision 3 date of Boeing Alert Requirements 
Bulletin 757-57A0073 RB.'' However, the FAA does not agree to revise 
paragraph (h)(1) of this AD, because the notes in the compliance tables 
only refer to ``On or after the Revision 1 date of Boeing Alert 
Requirements Bulletin 757-57A0073 RB.'' The original issue date of 
Boeing Alert Requirements Bulletin 757-57A0073 RB is not included for 
paragraph (h)(1) of this AD. The FAA has not changed paragraph (h)(1) 
of this AD. The FAA has revised paragraphs (h)(2), (h)(3), and (h)(4) 
of this AD accordingly.

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 757-57A0073 RB, 
Revision 3, dated May 5, 2023. This service information specifies 
procedures for a general visual inspection or records check of the wing 
upper skin at the drag fitting attachment holes for any existing 
repair; repetitive general visual and detailed inspections for loose 
fasteners, skin cracking, and shim migration at the upper link drag 
fittings, and for cracking in the diagonal brace and diagonal brace 
fittings; repetitive open-hole high frequency eddy current (HFEC) 
inspections for cracking of the fastener holes and loose bolt holes; 
and applicable on-condition actions. On-condition actions include 
performing an ultrasonic inspection for cracks at any repaired upper 
wing skin location; installing the upper link and upper link pins; 
replacing drag fittings; installing bolts, washers, and nuts; 
performing a torque check of fasteners on the affected shims; trimming 
affected shims and applying chemical conversion coating on the shims, 
fillet seal, and drag fittings; and repairing cracks, migrated shims, 
mistorqued bolts, and loose fasteners.
    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 496 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
----------------------------------------------------------------------------------------------------------------
Repetitive HFEC inspections        85 work-hours x $85              $0  $7,225 per           $3,583,600 per
 (retained actions from AD          per hour = $7,225                    inspection cycle.    inspection cycle.
 2022[dash]08[dash]12).             per inspection
                                    cycle.
New actions......................  Up to 4 work-hours               $0  Up to $340.........  Up to $168,640.
                                    x $85 per hour =
                                    Up to $340.
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[[Page 58259]]

    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition actions 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:
0
a. Removing Airworthiness Directive (AD) 2022-08-12, Amendment 39-22015 
(87 FR 26964, May 6, 2022); and
0
b. Adding the following new AD:

2023-12-09 The Boeing Company: Amendment 39-22773; Docket No. FAA-
2023-2395; Project Identifier AD-2023-00767-T.

(a) Effective Date

    This airworthiness directive (AD) is effective August 22, 2024.

(b) Affected ADs

    This AD replaces AD 2022-08-12, Amendment 39-22015 (87 FR 26964, 
May 6, 2022) (AD 2022-08-12).

(c) Applicability

    This AD applies to all The Boeing Company Model 757-200, PF, -
200CB, and -300 series airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by reports of bolt rotation in the engine 
drag fitting joint and fastener heads and cracks found in the skin 
of the fastener holes, a determination that certain drag fittings 
may be made of alternate materials, which could result in reduced 
structural integrity of the engine strut, and a determination that 
additional inspections and revised compliance times are needed. The 
FAA is issuing this AD to address cracking in the wing upper skin 
and forward drag fittings, which could lead to a compromised upper 
link and reduced structural integrity of the engine strut, and 
possible separation of a strut and engine from the airplane during 
flight.

(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 757-57A0073 RB, Revision 3, dated May 5, 
2023, do all applicable actions identified in, and in accordance 
with, the Accomplishment Instructions of Boeing Alert Requirements 
Bulletin 757-57A0073 RB, Revision 3, dated May 5, 2023.
    Note 1 to paragraph (g): Guidance for accomplishing the actions 
required by this AD can be found in Boeing Alert Service Bulletin 
757-57A0073, Revision 3, dated May 5, 2023, which is referred to in 
Boeing Alert Requirements Bulletin 757-57A0073 RB, Revision 3, dated 
May 5, 2023.

(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-
57A0073 RB, Revision 3, dated May 5, 2023, use the phrase ``the 
Original Issue date of Requirements Bulletin 757-57A0073 RB,'' this 
AD requires using ``September 10, 2018 (the effective date of AD 
2018-16-05, Amendment 39-19345 (83 FR 38250, August 6, 2018))'' (AD 
2018-16-05).
    (2) Where the Compliance Time columns and notes of the tables in 
the ``Compliance'' paragraph of Boeing Alert Requirements Bulletin 
757-57A0073 RB, Revision 3, dated May 5, 2023, use the phrase ``the 
Revision 1 date of Requirements Bulletin 757-57A0073 RB,'' this AD 
requires using ``January 14, 2021 (the effective date of AD 2020-21-
17, Amendment 39-21290 (85 FR 79418, December 10, 2020))'' (AD 2020-
21-17).
    (3) Where the Compliance Time columns and notes of the tables in 
the ``Compliance'' paragraph of Boeing Alert Requirements Bulletin 
757-57A0073 RB, Revision 3, dated May 5, 2023, use the phrase ``the 
Revision 2 date of Requirements Bulletin 757-57A0073 RB,'' this AD 
requires using ``June 10, 2022 (the effective date of AD 2022-08-
12).''
    (4) Where the Compliance Time columns and notes of the tables in 
the ``Compliance'' paragraph of Boeing Alert Requirements Bulletin 
757-57A0073 RB, Revision 3, dated May 5, 2023, use the phrase ``the 
Revision 3 date of Requirements Bulletin 757-57A0073 RB,'' this AD 
requires using the effective date of this AD.
    (5) Where Boeing Alert Requirements Bulletin 757-57A0073 RB, 
Revision 3, dated May 5, 2023, 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 using a method approved in 
accordance with the procedures specified in paragraph (j) of this 
AD.

(i) Credit for Previous Actions

    (1) This paragraph provides credit for the actions specified in 
paragraph (g) of this AD, except for the open-hole high frequency 
eddy current inspections at fastener locations 11-18, if those 
actions were performed before January 14, 2021 (the effective date 
of AD 2020-21-17) using Boeing Alert Requirements Bulletin 757-
57A0073 RB, dated July 14, 2017.
    (2) This paragraph provides credit for the actions specified in 
paragraph (g) of this AD, if those actions were performed before 
June 10, 2022 (the effective date of AD 2022-08-12) using Boeing 
Alert Requirements Bulletin 757-57A0073 RB, Revision 1, dated August 
1, 2019.
    (3) This paragraph provides credit for the actions specified in 
paragraph (g) of this AD, if those actions were performed before the 
effective date of this AD using Boeing Alert Requirements Bulletin 
757-57A0073 RB, Revision 2, dated March 1, 2021.

(j) 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,

[[Page 58260]]

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 (k)(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.

(k) Related Information

    (1) For more information about this AD, contact Wayne Ha, 
Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA 
98198; telephone 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 (l)(3) of this AD.

(l) 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 757-57A0073 RB, Revision 
3, dated May 5, 2023.
    (ii) [Reserved]
    (3) For Boeing 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 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 14, 2024.
Peter A. White,
Deputy Director, Integrated Certificate Management Division, Aircraft 
Certification Service.
[FR Doc. 2024-15827 Filed 7-17-24; 8:45 am]
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