[Federal Register Volume 90, Number 26 (Monday, February 10, 2025)]
[Rules and Regulations]
[Pages 9203-9207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02395]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1488; Project Identifier AD-2023-00182-T;
Amendment 39-22946; AD 2025-02-13]
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, -200CB, and -200PF series
airplanes. This AD was prompted by a report indicating an operator has
found cracks on three Model 757-200PF airplanes at the main deck cargo
door cutout forward and aft hinge attachment holes. This AD requires a
maintenance record check for repairs at the forward and aft hinge areas
of the main deck cargo door cutout; repetitive open-hole high frequency
eddy current (HFEC) inspections for cracks in the unrepaired areas of
the bear strap, skin, doubler, and upper sill chord at the main deck
cargo door forward and aft hinge attachment holes; and applicable
corrective actions. The FAA is issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective March 17, 2025.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of March 17,
2025.
ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1488; 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.
[[Page 9204]]
Material Incorporated by Reference:
For Boeing material 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.
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-2023-1488.
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, -200CB, and -200PF series airplanes. The NPRM
published in the Federal Register on August 4, 2023 (88 FR 51745). The
NPRM was prompted by a report of cracks found at the main deck cargo
door forward and aft hinge attachment holes. In the NPRM, the FAA
proposed to require a maintenance records check for repairs at the
forward and aft hinge areas of the main deck cargo door cutout;
repetitive open-hole high frequency eddy current (HFEC) inspections for
cracks in the unrepaired areas of the bear strap, skin, doubler, and
upper sill chord at the main deck cargo door forward and aft hinge
attachment holes; and corrective actions. The FAA is issuing this AD to
detect and correct cracks in the main deck cargo door hinge area, which
could result in reduced structural integrity of the airplane.
The FAA issued a supplemental notice of proposed rulemaking (SNPRM)
to amend 14 CFR part 39 by adding an AD that would apply to certain The
Boeing Company Model 757-200, -200CB, and -200PF series airplanes. The
SNPRM published in the Federal Register on April 29, 2024 (89 FR
33294). The SNPRM was prompted by a determination that airplanes that
have been modified from a passenger to a freighter configuration using
VT Mobile Aerospace Engineering (VT MAE) Supplemental Type Certificate
(STC) ST03562AT, ST03952AT, or ST04242AT were inadvertently omitted in
the NPRM. The SNPRM proposed to add airplanes to the applicability. The
FAA is issuing this AD to address the unsafe condition on these
products.
Discussion of Final Airworthiness Directive
Comments
The FAA received a comment from Boeing who supported the SNPRM
without change.
The FAA received additional comments from FedEx Express (FedEx) and
VT Mobile Aerospace Engineering (VT MAE). The following presents the
comments received on the SNPRM and the FAA's response to each comment.
Requests To Extend Compliance Time for Certain Airplanes
FedEx stated that the FAA is placing an unrealistic timeline and
burden, without any data, on operators with airplanes modified by VT
MAE STC ST03562AT. Within paragraph (g)(1) of the proposed AD and
paragraph 3, Compliance, of Boeing Alert Requirements Bulletin 757-
53A0106 RB, dated January 3, 2023, the FAA is granting airplanes
identified in paragraph (c)(1)(i) of the proposed AD and paragraph 1,
Effectivity, of Boeing Alert RB 757-53A0106 RB, dated January 3, 2023,
a minimum of 2,800 flight cycles, but the modified VT MAE STC ST03562AT
airplanes only get 30 days. FedEx stated that there is no way FedEx can
comply with a 30-day maintenance record check on 118 airplanes. This
unsubstantiated 30-day compliance time will end up grounding a majority
of the FedEx 757-200 fleet. If the FAA keeps this proposed 30-day
maintenance record check compliance, FedEx will immediately request
approval to extend the compliance time via an alternative method of
compliance (AMOC). However, AMOC processing by the FAA could take 30
days to approve and still result in a FedEx 757-200 fleet grounding,
even if the FAA agrees to the extension.
Similarly, VT MAE stated that it is impossible for their operators
to comply with the requirements within 30 days after the effective date
of the AD. This is particularly true for FedEx, which operates 118
Boeing Model 757-200 special freighter airplanes converted per VT MAE
STC ST03562AT (14 pallet configuration). VT MAE added that for the
airplanes converted per VT MAE STC ST03562AT (14 Pallet Configuration),
VT MAE STC ST03952AT (14 pallet configuration), and VT MAE STC
ST04242AT (15 pallet configuration), the installation of the main deck
cargo door hinge is identical to the Boeing 757-200 Special Freighter
(SF) airplanes converted per Boeing STC ST00916WI-D. The installation
of the main deck cargo door hinge in Drawing 657N3270 that is
applicable to both Boeing Model 757-200SF series airplanes and modified
VT MAE STC airplanes per VT MAE STC ST03562AT (14 pallet
configuration), VT MAE STC ST03952AT (14 pallet configuration), and VT
MAE STC ST04242AT (15 pallet configuration).
The FAA agrees with the requests. The FAA did not intend to require
a maintenance record check for any repair at the forward and aft hinge
areas of the main deck cargo door cutout in paragraph (g)(2) of the
proposed AD. The FAA has changed paragraph (g)(2) of this AD to require
obtaining inspection instructions and applicable repair instructions
using a method approved by the FAA. The FAA agrees that the Boeing
Model 757 airplanes that have been modified by VT MAE STC ST03562AT (14
pallet configuration), ST03952AT (14 pallet configuration), and
ST04242AT (15 pallet configuration) are affected by this AD, because
these airplane configurations have the main deck cargo door cutouts.
Request To Use Work Instructions for Group 2 in Boeing Alert
Requirements Bulletin 757-53A0106 RB for Modified VT MAE STC Airplanes
FedEx referred to paragraph (g)(2) of the proposed AD, which would
require obtaining inspection instructions and applicable repair
instructions using a method approved by the FAA. Boeing STC ST00916WI-D
and VT MAE STC ST03562AT are identical. The VT MAE STC ST03562AT main
deck cargo door hinge installation is done in accordance with Boeing
Drawing 657N3270, which is applicable to Model Boeing 757-200SF
airplanes. According to Boeing Letter FED-SU-1901571 and VT MAE
Document No. 337/STR-100, both Boeing and VT MAE own the technical data
for VT MAE STC ST03562AT. For repairs, service bulletins, ADs, etc., on
Boeing Model 757-200 airplanes, Boeing and VT MAE provide direction and
approval to FedEx. As stated in the initial comment period by FedEx and
VTMAE, FedEx will be utilizing the Group 2 instructions in Boeing Alert
Requirements Bulletin 757-53A0106 RB, dated January 3, 2023, to address
the unsafe condition identified in the SNPRM. If this is not acceptable
to the FAA, FedEx requested that the FAA provide a method of compliance
(MOC) for VT MAE STC ST03562AT airplanes to comply with the SNPRM.
According to FedEx and VT MAE (design approval holder), utilizing the
Group 2 instructions in Boeing Alert Requirements Bulletin 757-53A0106
[[Page 9205]]
RB, dated January 3, 2023, will address the unsafe condition identified
in the SNPRM.
Therefore, FedEx requested a change to the requirements for
airplanes converted to a freighter configuration using VT MAE STC
ST03562AT, ST03952AT, or ST04242AT. Specifically, FedEx requested that
those airplanes be required to use instructions for Group 2 in Boeing
Alert Requirements Bulletin 757-53A0106 RB, dated January 3, 2023.
Similarly, VT MAE proposed to utilize the inspections, methods, and
intervals \1\ in Group 2 of Boeing Alert Requirements Bulletin 757-
53A0106 RB, dated January 3, 2023, for the modified airplanes per VT
MAE STC ST03562AT (14 pallet configuration), VT MAE STC ST03952AT (14
pallet configuration), and VT MAE STC ST04242AT (15 pallet
configuration).
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\1\ Initial compliance time of 27,500 flight cycles from the
freighter conversion date or 2,800 flight cycles after the effective
date of the AD, with repetitive inspections at intervals not to
exceed 7,000 flight cycles.
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The FAA does not agree with the requests. At this time, whether the
VT MAE and Boeing STCs are identical in the areas affected by this
proposed AD or using the compliance methods and times for Group 2
airplanes adequately address the identified unsafe condition has not
been determined. FedEx and VT MAE are to request that the FAA provide a
method of compliance (MOC) for airplanes with VT MAE STC ST03562AT (14
pallet configuration), VT MAE STC ST03952AT (14 pallet configuration),
and VT MAE STC ST04242AT (15 pallet configuration) to comply with the
SNPRM. The FAA has not changed this AD in response to this request.
The FAA does not agree to change paragraph (g)(2) as FedEx
specifically requested but has changed paragraph (g)(2) of this AD from
a requirement to perform a maintenance record check for repairs to a
requirement to obtain inspection instructions and applicable repair
instructions.
Request To Base Compliance Time on AD Type
FedEx stated that a 30-day compliance time is designated for
emergency ADs. The commenter stated that as paragraph (g)(2) of the
proposed AD is written, the FAA is forcing an emergency AD on VT MAE
STC ST03562AT airplanes in paragraph (c)(1)(ii) of the proposed AD with
no substantiating data, while airplanes identified in paragraph
(c)(1)(i) of the proposed AD, Group 2 (Boeing STC ST00916WI-D
airplanes) are allowed to maintain the original compliance time (27,500
flight cycles after conversion or 2,800 flight cycles after the AD's
effective date, whichever occurs later). FedEx pointed out that the FAA
is applying inconsistent compliance times for airplanes modified per
Boeing STC ST00916WI-D and airplanes modified by VT MAE STC ST03562AT
airplanes--and, as stated in a previous comment, these are identical
STCs.
The FAA does not agree with this request. There is no merit to
FedEx's statement that a 30-day compliance time is designated for
emergency ADs. The compliance time does not determine the type of AD,
and the AD type is not limited to a compliance time range. This is not
an emergency AD. The 30-day compliance time is to allow for FedEx and
VT MAE to request the FAA to provide a method of compliance (MOC) for
airplanes modified with VT MAE STCs to comply with the AD. Boeing and
VT MAE own the technical data, which can be provided for justification
prior to the compliance time ending. The FAA has not changed this AD in
response to this request.
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.
Material Incorporated by Reference Under 1 CFR Part 51
The FAA reviewed Boeing Alert Requirements Bulletin 757-53A0106 RB,
dated January 3, 2023. This material specifies procedures for a
maintenance record check for repairs at the forward and aft hinge areas
of the main deck cargo door cutout; repetitive open-hole HFEC
inspections for cracks in the unrepaired areas of the bear strap, skin,
doubler, and upper sill chord at the main deck cargo door forward and
aft hinge attachment holes; and corrective actions including obtaining
and following procedures for alternative inspections and crack repairs.
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.
Costs of Compliance
The FAA estimates that this AD affects 564 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
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Maintenance record check......... 1 work-hour * x $85 $0 $85................. $47,940.
per hour = $85.
HFEC inspections................. 26 work-hours x $85 0 $2,210 per $1,246,440 per
per hour = $2,210, inspection cycle. inspection cycle.
per inspection
cycle.
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* The time to do the maintenance record check will vary by operator but would likely take no more than 1 work-
hour per airplane.
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
[[Page 9206]]
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:
2025-02-13 The Boeing Company: Amendment 39-22946; Docket No. FAA-
2023-1488; Project Identifier AD-2023-00182-T.
(a) Effective Date
This airworthiness directive (AD) is effective March 17, 2025.
(b) Affected ADs
None.
(c) Applicability
(1) This AD applies to The Boeing Company Model 757-200, -200CB,
and -200PF series airplanes specified in paragraph (c)(1)(i) or (ii)
of this AD, certificated in any category.
(i) Airplanes identified in Boeing Alert Requirements Bulletin
757-53A0106 RB, dated January 3, 2023.
(ii) Airplanes converted to a freighter configuration using VT
MAE Supplemental Type Certificate (STC) ST03562AT, ST03952AT, or
ST04242AT.
(2) 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.
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by a report indicating an operator has
found cracks on three Model 757-200PF airplanes at the main deck
cargo door cutout forward and aft hinge attachment holes. The FAA is
issuing this AD to detect and correct cracks in the main deck cargo
door hinge area. Undetected cracks in the main deck cargo door hinge
area could result in reduced structural integrity of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
(1) For the airplanes identified in paragraph (c)(1)(i) of this
AD: Except as specified by paragraph (h) of this AD, at the
applicable times specified in the ``Compliance'' paragraph of Boeing
Alert Requirements Bulletin 757-53A0106 RB, dated January 3, 2023,
do all applicable actions identified in, and in accordance with, the
Accomplishment Instructions of Boeing Alert Requirements Bulletin
757-53A0106 RB, dated January 3, 2023.
Note 1 to paragraph (g)(1): Guidance for accomplishing the
actions required by this AD can be found in Boeing Alert Service
Bulletin 757-53A0106, dated January 3, 2023, which is referred to in
Boeing Alert Requirements Bulletin 757-53A0106 RB, dated January 3,
2023.
(2) For the airplanes identified in paragraph (c)(1)(ii) of this
AD: Within 30 days after the effective date of this AD, obtain
inspection instructions and applicable repair instructions using a
method approved by the Manager, AIR-520, Continued Operational
Safety Branch, FAA. Comply with all applicable instructions at the
time specified in the instructions.
(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-
53A0106 RB, dated January 3, 2023, use the phrase the original issue
date of Requirements Bulletin 757-53A0106 RB, this AD requires using
the effective date of this AD.
(2) Where Boeing Alert Requirements Bulletin 757-53A0106 RB,
dated January 3, 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 (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 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, 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) Material 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 material 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) Boeing Alert Requirements Bulletin 757-53A0106 RB, dated
January 3, 2023.
(ii) [Reserved]
(3) For Boeing material 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 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].
[[Page 9207]]
Issued on January 21, 2025.
Suzanne Masterson,
Deputy Director, Integrated Certificate Management Division, Aircraft
Certification Service.
[FR Doc. 2025-02395 Filed 2-7-25; 8:45 am]
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