Rule2022-23770
Airworthiness Directives; The Boeing Company Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 2, 2022
Effective
December 7, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for all The Boeing Company Model 757 airplanes. This AD was prompted by a report of cracks found in the fastener holes at a certain location in the center wing box rear spar, lower skin. This AD requires repetitive inspections for cracking of certain areas of the center wing box rear spar, lower skin and lower chord; and repair. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 87 Issue 211 (Wednesday, November 2, 2022)</title>
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[Federal Register Volume 87, Number 211 (Wednesday, November 2, 2022)]
[Rules and Regulations]
[Pages 66080-66083]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-23770]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0159; Project Identifier AD-2021-01019-T;
Amendment 39-22199; AD 2022-20-15]
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 a
report of cracks found in the fastener holes at a certain location in
the center wing box rear spar, lower skin. This AD requires repetitive
inspections for cracking of certain areas of the center wing box rear
spar, lower skin and lower chord; and repair. The FAA is issuing this
AD to address the unsafe condition on these products.
DATES: This AD is effective December 7, 2022.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 7,
2022.
ADDRESSES:
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2022-0159; or in person at Docket Operations between 9
a.m. and
[[Page 66081]]
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
<bullet> For service information identified in this final rule,
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 <a href="http://myboeingfleet.com">myboeingfleet.com</a>.
<bullet> 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
<a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2022-0159.
FOR FURTHER INFORMATION CONTACT: Peter Jarzomb, Aerospace Engineer,
Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount
Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5234; email:
<a href="/cdn-cgi/l/email-protection#eb9b8e9f8e99c5818a9991848689ab8d8a8ac58c849d"><span class="__cf_email__" data-cfemail="deaebbaabbacf0b4bfaca4b1b3bc9eb8bfbff0b9b1a8">[email protected]</span></a>.
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 757-200, -200PF, -200CB, and -300 series airplanes. The NPRM
published in the Federal Register on April 11, 2022 (87 FR 21032). The
NPRM was prompted by a report of cracks found in the fastener holes at
a certain location in the center wing box rear spar, lower skin, on a
Boeing Model 737-300. An analysis by Boeing showed the same condition
can occur on Boeing Model 757 airplanes. In the NPRM, the FAA proposed
to require repetitive inspections for cracking of certain areas of the
center wing box rear spar, lower skin and lower chord; and repair. The
FAA is issuing this AD to detect and correct cracking that, if
undetected, could result in the inability of a principal structural
element to sustain limit load, which could adversely affect the
structural integrity of the airplane.
Discussion of Final Airworthiness Directive
Comments
The FAA received a comment from FedEx Express who supported the
NPRM without change.
The FAA received additional comments from four commenters,
including Aviation Partners Boeing (APB), Boeing, Delta Air Lines
(Delta), and United Airlines (United). 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
APB stated that accomplishing Supplemental Type Certificate (STC)
ST01518SE does not affect accomplishment of the actions specified in
the proposed AD.
The FAA concurs with the commenter. The FAA has redesignated
paragraph (c) of the proposed AD as paragraph (c)(1) of this AD and
added paragraph (c)(2) to this AD to state that 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.
Request To Clarify Sealant Requirements
Delta requested adding a paragraph to the proposed AD to provide
clarification on the sealant requirements specified in Figure 2, Sheet
3; Figure 3, Sheet 3; and Figure 4, Sheet 3 of Boeing Alert
Requirements Bulletin 757-57A0075 RB, dated August 25, 2021. Delta
stated that in those figures on the sheets specified in the previous
sentence the application of BMS 5-45 and BMS 5-168 sealants are listed
as separate substeps and calls for both of those sealants to be
applied. Delta also stated that Step 2 of Figures 2 and 4 also seem to
confirm a ``both/and'' interpretation. Delta asserted that without
clarification, operators would be unable to discern between a ``both/
and'' sub-step and an ``either/or'' sub-step in those figures. Delta
added that Boeing confirmed that ``The intent of the note is for
operators to choose one of the sealants.'' Delta pointed out that in
other Boeing service information, an ``either/or'' step for applying
sealant would use the format ``BMS X-XX (BMS Y-YY optional).'' Delta
added in closing that it is impossible for operators to obtain
materials meeting BMS 5-168. United also requested a correction to step
3 of figure 4 of Boeing Alert Requirements Bulletin 757-57A0075 RB,
dated August 25, 2021, because that step specifies applying two fuel
tank sealants at the same location while a referenced manual section
only specifies one sealant to be applied.
The FAA agrees to clarify the sealant requirements. The FAA has
added paragraph (h)(3) to this AD to specify that where Boeing Alert
Requirements Bulletin 757-57A0075 RB, dated August 25, 2021, states in
Step 3 of Sheet 3 of Figures 2 and 4 and in Step 4 of Sheet 3 of Figure
3 to use both sealants, this AD only requires one of the sealants to be
used.
Request To Permit Certain Substitutes
Delta requested a revision of the proposed AD to permit the use of
Section 20-30-01-201 from the Boeing 757 Aircraft Maintenance Manual
(AMM) as a means of identifying permitted substitutes for BMS 5-168 and
for fasteners, process and material substitutions. Delta stated that it
reviewed reference material of Boeing Alert Requirements Bulletin 757-
57A0075 RB, dated August 25, 2021, and found that there were no
products identified as a BMS 5-168 sealant.
The FAA disagrees with the request to revise the proposed AD to
reference a section of the AMM. As previously stated, the FAA has added
paragraph (h)(3) to this AD to permit the use of either BMS 5-45 or BMS
5-168 sealants, which provides relief from the lack of a BMS 5-168-
qualified sealant. The FAA still requires the use of approved
fasteners, processes, and material substitutions in accordance with the
specifications of Boeing Alert Requirements Bulletin 757-57A0075 RB,
dated August 25, 2021. The FAA has not changed this AD in this regard.
Request To Remove Incorrect Phrasing From Service Information
Delta requested a paragraph be added to the proposed AD to remove
the phrase ``as an accepted procedure'' from note (b) in Sheet 3 of
Figure 1 of Boeing Alert Requirements Bulletin 757-57A0075 RB, dated
August 25, 2021. Delta noted that a general note in the Accomplishment
Instructions of Boeing Alert Requirements Bulletin 757-57A0075 RB,
dated August 25, 2021, defines ``refer to'' (suggested action) and ``in
accordance with'' (required action) and that ``as an accepted
procedure'' is being used in a note that specifies ``in accordance
with.'' Delta received confirmation from Boeing that the phrase ``as an
accepted procedure''
[[Page 66082]]
should not have been used in a note that specified ``in accordance
with.''
The FAA agrees to add paragraph (h)(4) to this AD to require
omitting ``as an accepted procedure'' from note (b) in Sheet 3 of
Figure 1 of Boeing Alert Requirements Bulletin 757-57A0075 RB, dated
August 25, 2021.
Request To Identify Inspection Locations in Costs of Compliance
Boeing requested that the inspection locations identified in the
table of the Costs of Compliance paragraph of the proposed AD be
revised. Boeing stated that the second row of the table, which
identifies ultrasonic and detailed inspection action, does not specify
a location. Boeing identified that location as being between LBBL [left
body buttock line] 5.5 and 9.5 and RBBL [right body buttock line] 5.5
and 9.5. Boeing also stated that the third row of the table is not
correct and should specify ``between LBBL 5.5 and RBBL 5.5.''
The FAA agrees to revise the table in the Cost of Compliance
paragraph of this AD as suggested by Boeing.
Request To Revise Estimated Work Hours
Boeing requested the table in Cost of Compliance paragraph in the
proposed AD be revised to clarify that internal access hours are
included with inspection actions. Boeing suggested either breaking out
the internal access hours in a separate row or adding a footnote to
clarify that the internal access hours have been included in each
inspection action and thus, the overall inspection hours may be less
when accomplished concurrently. Boeing noted that the proposal would
allow operators to more accurately estimate the costs for their fleets.
The FAA agrees to clarify the estimated costs. The FAA acknowledges
that access and close-out actions comprise the bulk of the work-hour
estimates for the inspections. Further, for some situations, there
might be duplicated access costs included in the estimates and thus the
AD might look more ``expensive'' than the actual cost to operators.
However, it is FAA policy to include all related work-hours in the cost
estimate for required actions. Although an operator may choose to
complete multiple inspections at once, they are not required to.
Therefore the FAA includes all related costs for each inspection, which
includes the access and close-out work-hours. 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 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 757-57A0075 RB,
dated August 25, 2021. This service information specifies procedures
for repetitive external high-frequency eddy current (HFEC) or internal
detailed inspections for cracking in the center wing box rear spar,
lower skin, and lower chord between LBBL 9.5 and 39.0 and RBBL 9.5 and
39.0; repetitive internal ultrasonic inspection of the center wing box
lower chord and detailed inspections of the lower skin at the rear spar
between LBBL 5.5 and LBBL 9.5, and between RBBL 5.5 and RBBL 9.5 for
cracking; repetitive internal detailed inspection of the center wing
box lower skin and rear spar lower chord between LBBL 5.5 and RBBL 5.5
for any cracking; and 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 477 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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HFEC inspection or detailed Up to 19 work-hours $0 $1,615 per Up to $770,355 per
inspection (between LBBL 9.5 and x $85 per hour = inspection cycle. inspection cycle.
39.0 and RBBL 9.5 and 39.0). Up to $1,615 per
inspection cycle.
Ultrasonic and detailed 19 work-hours x $85 0 $1,615 per $770,355 per
inspection (between LBBL 5.5 and per hour = $1,615 inspection cycle. inspection cycle.
9.5 and RBBL 5.5 and 9.5). per inspection
cycle.
Detailed inspection (between LBBL 18 work-hour x $85 0 $1,530 per $729,810 per
5.5 and RBBL 5.5). per hour = $1,530 inspection cycle. inspection cycle.
per inspection
cycle.
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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
[[Page 66083]]
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:
2022-20-15 The Boeing Company: Amendment 39-22199; Docket No. FAA-
2022-0159; Project Identifier AD-2021-01019-T.
(a) Effective Date
This airworthiness directive (AD) is effective December 7, 2022.
(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 57, Wings.
(e) Unsafe Condition
This AD was prompted by a report of cracks found in the fastener
holes at a certain location on the center wing box rear spar, lower
skin. The FAA is issuing this AD to detect and correct cracking
that, if undetected, could result in the inability of a principal
structural element to sustain limit load, which 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
Except as specified by paragraph (h) of this AD: At the
applicable times specified in the ``Compliance'' paragraph of Boeing
Alert Requirements Bulletin 757-57A0075 RB, dated August 25, 2021,
do all applicable actions identified in, and in accordance with, the
Accomplishment Instructions of Boeing Alert Requirements Bulletin
757-57A0075 RB, dated August 25, 2021.
Note 1 to paragraph (g): Guidance for accomplishing the actions
required by this AD can be found in Boeing Alert Service Bulletin
757-57A0075, dated August 25, 2021, which is referred to in Boeing
Alert Requirements Bulletin 757-57A0075 RB, dated August 25, 2021.
(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-
57A0075 RB, dated August 25, 2021, use the phrase ``the original
issue date of Requirements Bulletin 757-57A0075 RB,'' this AD
requires using ``the effective date of this AD.''
(2) Where Boeing Alert Requirements Bulletin 757-57A0075 RB,
dated August 25, 2021, specifies contacting Boeing for repair
instructions: This AD requires doing the repair before further
flight using a method approved in accordance with the procedures
specified in paragraph (i) of this AD.
(3) Where Step 3 in Sheet 3 of Figures 2 and 4, and Step 4 in
Sheet 3 of Figure 3 of Boeing Alert Requirements Bulletin 757-
57A0075 RB, dated August 25, 2021, specifies applying both BMS 5-45
and BMS 5-168 sealants, this AD requires application of either BMS
5-45 or BMS 5-168 sealant.
(4) Where note (b) in Sheet 3 of Figure 1 of Boeing Alert
Requirements Bulletin 757-57A0075 RB, dated August 25, 2021,
specifies ``as an accepted procedure,'' this AD requires omitting
that phrase.
(i) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Los Angeles ACO 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: <a href="/cdn-cgi/l/email-protection#3d04107c737010717c7c7e72107c70727e106f584c48584e494e7d5b5c5c135a524b"><span class="__cf_email__" data-cfemail="cbf2e68a8586e6878a8a8884e68a868488e699aebabeaeb8bfb88badaaaae5aca4bd">[email protected]</span></a>.
(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, Los
Angeles ACO 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.
(j) Related Information
(1) For more information about this AD, contact Peter Jarzomb,
Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch,
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5234; email: <a href="/cdn-cgi/l/email-protection#b3c3d6c7d6c19dd9d2c1c9dcded1f3d5d2d29dd4dcc5"><span class="__cf_email__" data-cfemail="3b4b5e4f5e4915515a49415456597b5d5a5a155c544d">[email protected]</span></a>.
(2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (k)(3) and (4) of this AD.
(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 service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Boeing Alert Requirements Bulletin 757-57A0075 RB, dated
August 25, 2021.
(ii) [Reserved]
(3) For 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 <a href="http://myboeingfleet.com">myboeingfleet.com</a>.
(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 service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, <a href="/cdn-cgi/l/email-protection#264054084f4855564345524f4948664847544708414950"><span class="__cf_email__" data-cfemail="6f091d4106011c1f0a0c1b0600012f010e1d0e41080019">[email protected]</span></a>, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
Issued on September 24, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-23770 Filed 11-1-22; 8:45 am]
BILLING CODE 4910-13-P
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