[Federal Register Volume 91, Number 38 (Thursday, February 26, 2026)]
[Rules and Regulations]
[Pages 9441-9443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-03856]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 91, No. 38 / Thursday, February 26, 2026 /
Rules and Regulations
[[Page 9441]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2026-1333; Project Identifier AD-2026-00130-T;
Amendment 39-23266; AD 2026-04-06]
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
certain The Boeing Company Model 757-200 and -300 series airplanes.
This AD was prompted by reported crack findings on airplanes with
scimitar blended winglets. This AD requires inspections for cracks, and
repair as applicable. The FAA is issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective February 26, 2026.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of February 26,
2026.
The FAA must receive comments on this AD by April 13, 2026.
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-2026-1333; 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.
Material Incorporated by Reference:
For material identified in this AD, contact Aviation
Partners Boeing, 2811 South 102nd Street, Suite 200, Seattle, WA 98168;
telephone 1-206-830-7699; email [email protected]; website
aviationpartnersboeing.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-2026-1333.
FOR FURTHER INFORMATION CONTACT: Sarah Illg, Aviation Safety Engineer,
FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206-231-3517;
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 using a method listed under
the ADDRESSES section. Include Docket No. FAA-2026-1333 and Project
Identifier AD-2026-00130-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 Sarah
Illg, Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines,
WA 98198; phone: 206-231-3517; 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 a report indicating a crack finding on a
Boeing Model 757-200 airplane with scimitar blended winglets while
undergoing a heavy maintenance check. The crack was located in the
inspar outer lower wing skin area in the periphery of access panel
543BB. Four additional findings of cracks in the same area have been
reported to the FAA during February of 2026. Model 757-300 airplanes
with scimitar blended winglets are similar in design to those on Model
757-200 airplanes; therefore, those Model 757-300 airplanes might be
subject to the same unsafe condition. The skin in this area is an
Aviation Partners Boeing machined skin panel installed during winglet
modification. There is no existing mandatory inspection that would
discover these cracks. The potential for an undetected crack in the
inspar outer lower left and right wing skin area, if not addressed,
could result in reduced structural integrity or partial wing loss
leading to loss of control of the airplane. The FAA is issuing this AD
to address the unsafe condition on these products.
[[Page 9442]]
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.
Material Incorporated by Reference Under 1 CFR Part 51
The FAA reviewed Aviation Partners Boeing Alert Service Letter
APBSL757-0039 Rev IR, dated February 4, 2026. This material specifies
procedures for an external detailed (visual) inspection and an external
high frequency eddy current (HFEC) inspection of the wing lower skin
panel between wing station (WSTA) 711.5 and WSTA 743.5, left and right
wing, for cracks and repair if any crack is found. 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.''
Differences Between This AD and the Referenced Material
Although the compliance time in Table 1 of Aviation Partners Boeing
Alert Service Letter APBSL757-0039 Rev IR, dated February 4, 2026,
instructs all airplanes to accomplish the inspections within 30 days,
this AD requires a compliance time of within 5 days. Due to the
additional crack findings since the publication of the service
information, and the lack of a mandatory inspection that would cause
operators to find these cracks, the FAA has determined that a
compliance time of 5 days is appropriate to address the unsafe
condition.
Interim Action
The FAA considers this AD to be an interim action. If final action
is later identified, the FAA might consider further rulemaking then.
Justification for Immediate Adoption and Determination of the Effective
Date
Section 553(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 of the potential for an undetected crack in the inspar outer
lower left and right wing skin area. Preliminary analysis by Boeing and
Aviation Partners Boeing indicates that limit load cannot be sustained
by the structure of the airplane due to the potential damage. There
have been four recent reports of cracks, and currently there is no
inspection program near the crack location. The unsafe condition, if
not addressed, could result in reduced structural integrity or partial
wing loss leading to loss of control of the airplane. Additionally, the
compliance time in this AD is shorter than the time necessary for the
public to comment and for publication of the final rule. Accordingly,
notice and opportunity for prior public comment are impracticable and
contrary to the public interest pursuant to 5 U.S.C. 553(b).
In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forgo notice and
comment.
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 156 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
Detailed and HFEC inspections......... 2 work-hours x $85 per $0 $170 $26,520
hour = $170.
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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.
[[Page 9443]]
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:
2026-04-06 The Boeing Company: Amendment 39-23266; Docket No. FAA-
2026-1333; Project Identifier AD-2026-00130-T.
(a) Effective Date
This airworthiness directive (AD) is effective February 26,
2026.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company Model 757-200 and -300
series airplanes, certificated in any category, as identified in
Aviation Partners Boeing Alert Service Letter APBSL757-0039 Rev IR,
dated February 4, 2026.
(d) Subject
Air Transport Association (ATA) of America Code 57, Wings.
(e) Unsafe Condition
This AD was prompted by reported crack findings on airplanes
with scimitar blended winglets. The FAA is issuing this AD to
address the potential for an undetected crack in the inspar outer
lower left and right wing skin area. The unsafe condition, if not
addressed, could result in reduced structural integrity or partial
wing loss leading to loss of control of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
(1) Within 5 days after the effective date of this AD, do an
external detailed inspection and an external high frequency eddy
current inspection of the wing lower skin panel between wing station
(WSTA) 711.5 and WSTA 743.5, left and right wing, for cracks, in
accordance with Figure 1 of Aviation Partners Boeing Alert Service
Letter APBSL757-0039 Rev IR, dated February 4, 2026.
(2) If any crack is found, during any inspection required by
paragraph (g)(1) of this AD, repair before further flight using a
method approved in accordance with the procedures specified in
paragraph (i) of this AD.
(h) Special Flight Permit
Special flight permits, as described in 14 CFR 21.197 and 21.199
of the Federal Aviation Regulations (14 CFR 21.197 and 21.199), are
not allowed unless approved in accordance with the procedures
specified in paragraph (i) of this AD.
(i) Alternative Methods of Compliance (AMOCs)
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]. Before using any approved AMOC, notify
your appropriate principal inspector, or lacking a principal
inspector, the manager of the responsible Flight Standards Office.
(j) Additional Information
For more information about this AD, contact Sarah Illg, Aviation
Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198;
phone: 206-231-3517; email: [email protected].
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference 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) Aviation Partners Boeing Alert Service Letter APBSL757-0039
Rev IR, dated February 4, 2026.
Note 1 to paragraph (k)(2)(i): Page 1 of Aviation Partners
Boeing Alert Service Letter APBSL757-0039 Rev IR is the only page of
the document that contains the document date.
(ii) [Reserved]
(3) For material identified in this AD, contact Aviation
Partners Boeing, 2811 South 102nd Street, Suite 200, Seattle, WA
98168; telephone 1-206-830-7699; email [email protected];
website aviationpartnersboeing.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 February 18, 2026.
Paul R. Bernado,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2026-03856 Filed 2-24-26; 4:15 pm]
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