Rule2024-06995
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
April 3, 2024
Effective
May 8, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for certain The Boeing Company Model 757-200, -200CB, and -300 series airplanes. This AD was prompted by a report of a crack at fuselage station (STA) 1640 frame web common to the lower hinge intercostal tee clip center hole of the upper fastener row. This AD requires a maintenance records check for existing repairs at STA 1640, repetitive ultrasonic (UT) inspections for cracking of the frame web, and applicable on-condition actions. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 89 Issue 65 (Wednesday, April 3, 2024)</title>
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[Federal Register Volume 89, Number 65 (Wednesday, April 3, 2024)]
[Rules and Regulations]
[Pages 22925-22928]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-06995]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1046; Project Identifier AD-2023-00253-T;
Amendment 39-22700; AD 2024-05-09]
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 adopting a new airworthiness directive (AD) for
certain The Boeing Company Model 757-200, -200CB, and -300 series
airplanes. This AD was prompted by a report of a crack at fuselage
station (STA) 1640 frame web common to the lower hinge intercostal tee
clip center hole of the upper fastener row. This AD requires a
maintenance records check for existing repairs at STA 1640, repetitive
ultrasonic (UT) inspections for cracking of the frame web, and
applicable on-condition actions. The FAA is issuing this AD to address
the unsafe condition on these products.
DATES: This AD is effective May 8, 2024.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 8, 2024.
ADDRESSES:
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-1046; 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:
<bullet> For material identified in this final rule, contact Boeing
Commercial Airplanes, Attention: Contractual & Data Services (C&DS),
2600 Westminster Boulevard, 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 material that is incorporated by
reference 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-2023-1046.
FOR FURTHER INFORMATION CONTACT: Wayne Ha, Aviation Safety Engineer,
Continued Operational Safety Branch, FAA, 2200 South 216th Street, Des
Moines, WA 98198; phone: 562-627-5238; email: <a href="/cdn-cgi/l/email-protection#80f7e1f9eee5aee8e1c0e6e1e1aee7eff6"><span class="__cf_email__" data-cfemail="4c3b2d35222962242d0c2a2d2d622b233a">[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 certain The Boeing
Company Model 757-200, -200CB, and -300 series airplanes. The NPRM
published in the Federal Register on June 1, 2023 (88 FR 35783). The
NPRM was prompted by a report of a crack at fuselage STA 1640 frame web
common to the lower hinge intercostal tee clip center hole of the upper
fastener row. In the NPRM, the FAA proposed to require a maintenance
records check for existing repairs at STA 1640, repetitive UT
inspections for cracking of the frame web, and applicable on-condition
actions. The FAA is issuing this AD to address possible undetected
cracking in the STA 1640 frame web common to the lower hinge
intercostal tee clip center hole of the upper fastener row. Such
cracking, if not addressed, could result in the inability of a
principal structural element to sustain limit loads which could
adversely affect the structural integrity of the airplane.
Discussion of Final Airworthiness Directive
Comments
The FAA received comments from Air Line Pilots Association,
International, who supported the NPRM without change.
The FAA received additional comments from seven commenters,
including Aviation Partners Boeing (APB), Boeing, Delta Air Lines
(DAL), European Air Transport GmbH (DHL), FedEx Express, United
Airlines (UAL), and VT Mobile Aerospace Engineering, Inc. (VT MAE). The
following presents the comments received on the NPRM and the FAA's
response to each comment.
Request To Correct the Location of the Unsafe Condition
Boeing requested that the location of the cracking be corrected
from ``inboard and center holes'' to ``center hole'' of the upper
fastener row in the Summary and Background of the NPRM, and paragraph
(e) of the proposed AD. Boeing said that cracking was found only in the
center hole.
The FAA agrees. The correction has been made in the specified
sections of this AD.
Request To Change Inspection Requirement for Certain Converted
Airplanes
VT MAE proposed that no additional inspection be required other
than the inspection specified in VT MAE 15-Pallet Maintenance Planning
Data (MPD) Supplement 757SF-MPD-01 for airplanes converted per VT MAE
Supplemental Type Certificate (STC) ST04242AT. VT MAE asserted that
Boeing has performed analysis of the modified airplanes, including the
new STA 1640 frame, which is inspected as part of the VT MAE MPD
Supplement 757SF-MPD-01.
The FAA disagrees with the commenter's request because sufficient
[[Page 22926]]
data was not submitted to substantiate that the inspections specified
in VT MAE MPD Supplement 757SF-MPD-01 would provide an acceptable level
of safety. Under the provisions of paragraph (i) of this AD, however,
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. The FAA has not
changed this AD in this regard.
Request To Clarify a Certain Exception
DAL requested that paragraph (h)(3) of the proposed AD be amended
or revised to clarify whether aircraft configured with STC ST01518SE
but without winglets require the specified reduction in applicable
compliance times and repeat intervals. DAL stated that this approved
configuration was not clearly addressed in the proposed AD.
The FAA agrees to clarify. Because a longer compliance time for the
identified configuration (STC ST01518SE without winglets) has not been
evaluated, all configurations with the STC ST01518SE modification must
be included in the requirement. The FAA has revised paragraph (h)(3) of
this AD to specify that airplanes modified in accordance APB STC
ST01518SE, with or without blended or scimitar blended winglets
installed, have the reduced compliance time. However, as specified in
paragraph (i) 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.
Request To Clarify What Prompted the NPRM
Boeing requested that the Background section of the NPRM be revised
to clarify the sequence of events and the associated service documents
that led to detection of the cracking that prompted the NPRM. Boeing
asserted that the NPRM indicated that the crack was found as a result
of inspections required by AD 2020-20-10, Amendment 39-21266 (85 FR
63002, October 6, 2020) (AD 2020-20-10), but the crack was actually
found as a result of inspections required by AD 2018-06-07, Amendment
39-19227 (83 FR 13398, March 29, 2018) (AD 2018-06-07).
The FAA agrees that the AD number reference in the Background
section of the NPRM described by Boeing should have been AD 2018-06-07
(which was superseded by AD 2020-20-10). However, since that portion of
the Background section does not reappear in the final rule, no change
to the final rule is necessary.
Request To Extend Compliance Time
APB, DAL, and DHL proposed that APB Service Bulletin AP757-53-005
be incorporated into the final rule. APB, DAL, DHL, and UAL suggested
that paragraph (h)(3) of the proposed AD be revised to extend the
required time for compliance. APB explained that APB Service Bulletin
AP757-53-005 is currently in approval review by an independent DER
(Designated Engineering Representative) for submittal to the FAA, and
this service information proposes less restrictive compliance times
than specified by paragraphs (g) and (h)(3) of the proposed AD. DHL
added that halving the compliance time for the initial inspection is
more burdensome than halving the time for repetitive inspections, which
can still be accomplished during base maintenance events. DAL and UAL
added that the reduced initial inspection time would mean that the
inspection could not occur during a regularly scheduled check,
resulting in extended unscheduled ground time and increased costs for
operators.
The FAA does not agree. Waiting for the review and approval of APB
Service Bulletin AP757-53-005 would delay the rulemaking process. The
urgency of the unsafe condition warrants issuing this AD as proposed
because it adequately addresses the unsafe condition. Until APB
completes its evaluation of airplanes with APB STC ST01518SE installed
to determine an appropriate compliance time for the inspection, the
conservative factor of 2 will apply to these airplanes. Under the
provisions of paragraph (i) of this AD, however, the FAA will consider
requests for approval of alternative compliance times if sufficient
data are submitted to substantiate that the change would provide an
acceptable level of safety. The FAA has not changed this AD in this
regard.
Request for Clarification on Credit for Certain Airplanes
UAL requested clarification on the NPRM as it does not give
operators credit for airplanes on which the required inspection in
Boeing Alert Requirements Bulletin 757-53A0121 RB, dated September 28,
2022, was already accomplished prior to release of the pending AD. UAL
said they intend to start inspection as soon as possible, and not
having any allowance for credit prior to AD release may drive some of
UAL's Model 757 fleet into another round of the required inspection
sooner than the required repetitive inspection time limit.
The FAA provides the following clarification. Paragraph (f) of this
AD states that operators must comply with the requirements of the AD
unless those actions have already been done, which negates the need to
add the requested credit. Any repetitive actions must be done within
the compliance times required by this AD. This AD has not been changed
regarding this request.
Request To Exclude Certain Airplanes From AD Requirements
VT MAE requested that no inspection be required for aircraft
converted per ST03952AT that have a long inner chord strap at the STA
1640 fuselage frame. VT MAE and FedEx Express requested that no
inspection be required for aircraft converted per VT MAE STC ST03562AT
that have a long inner chord strap at the STA 1640 fuselage frame. The
commenters asserted that the modified STA 1640 frame is identical to
that of Boeing 757-200 special freighter airplanes, which are not
included in Boeing Alert Requirements Bulletin 757-53A0121 RB, dated
September 28, 2022. The commenters claimed that Boeing and the FAA
stated that these special freighter-configured airplanes were not
subject to cracking at the lower hinge intercostal tee clip. The
commenters stated that the stresses in the inner chord are higher, and
AD 2020-20-10 and Boeing Alert Service Bulletin 757-53A0108, Revision
1, dated July 17, 2019, would be able to detect the web cracks sooner.
The FAA agrees with the proposed change. For aircraft converted per
VT MAE STC ST03562AT and ST03952AT that have a long inner chord strap
at the STA 1640 fuselage frame, the modified STA 1640 frame is
identical to that of Boeing 757-200 special freighter airplanes.
Paragraph (h)(4) of this AD has been added to provide an exception
stating that the actions of paragraph (g) of this AD are not required
for Group 1 airplanes that have been converted from passenger to
freighter configuration using VT MAE STC ST03562AT or ST03952AT that
have a long inner chord strap at the STA 1640 fuselage frame.
Request for Alternative Required Actions for Certain Airplanes
VT MAE and FedEx Express requested the use of Group 4 inspections/
methods/compliance times, given in Boeing Alert Requirements Bulletin
757-53A0121 RB, dated September 28, 2022, for the airplane having
registration number N935FD, which was converted per VT MAE STC
[[Page 22927]]
ST03562AT. The commenters noted that this airplane has a short inner
chord strap at the STA 1640 fuselage frame, and that the modified STA
1640 frame is identical to the STA 1640 frame found on Boeing 757-200
special freighter airplanes, which are identified as Group 4 in Boeing
Alert Requirements Bulletin 757-53A0121 RB, dated September 28, 2022.
The FAA agrees that the modified STA 1640 frame is identical to the
STA 1640 frame found on Boeing 757-200 special freighter airplanes,
identified as Group 4 in Boeing Alert Requirements Bulletin 757-53A0121
RB, dated September 28, 2022. The FAA has added paragraph (h)(5) of
this AD to specify that airplanes modified in this manner should
accomplish the actions for Group 4 airplanes at the applicable times
for Group 4 airplanes, as specified in Boeing Alert Requirements
Bulletin 757-53A0121 RB, dated September 28, 2022.
Limited ODA Approvals
APB stated that Boeing does not have a delegation to approve
repairs in areas affected by the scimitar blended winglet configuration
of STC ST01518SE. APB also commented that approval by The Boeing
Company Organization Designation Authorization (ODA), as specified in
paragraph (i)(3) of the proposed AD, may not be given for an
alternative method of compliance (AMOC) for repairs in those areas, but
such approval must be obtained as specified in paragraph (i)(1) of this
AD.
The FAA acknowledges and concurs with APB's assertions. However, no
change to the AD is necessary. Paragraph (h)(2) of this AD states that
AMOC approval be obtained using a method approved in accordance with
the procedures specified in ``paragraph (i)'' of this AD, and does not
limit approvals to the provisions of paragraph (i)(1) or (3) of this
AD. Therefore, AMOC approval in accordance with paragraph (i)(1) or (3)
of this AD would be provided based on whether the actions needing an
AMOC apply to the APB design or the Boeing design.
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 757-53A0121 RB,
dated September 28, 2022. This service information specifies procedures
for a maintenance records check of the left- and right-side STA 1640
frame web between S-9 and S-20 for existing repairs; repetitive UT
inspections of the frame web for any cracks; and applicable on-
condition actions. On-condition actions include 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 section.
Costs of Compliance
The FAA estimates that this AD affects 309 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost on U.S.
Action Labor cost Parts cost Cost per product operators
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Maintenance records check........ 1 work-hour x $85 $0 $85................ $26,265.
per hour = $85.
UT inspection.................... 39 work-hours x $85 $0 $3,315 per $1,024,335 per
per hour = $3,315 inspection cycle. inspection cycle.
per inspection
cycle.
----------------------------------------------------------------------------------------------------------------
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,
(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:
2024-05-09 The Boeing Company: Amendment 39-22700; Docket No.
[[Page 22928]]
FAA-2023-1046; Project Identifier AD-2023-00253-T.
(a) Effective Date
This airworthiness directive (AD) is effective May 8, 2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company Model 757-200, -200CB, and
-300 series airplanes, certificated in any category, as identified
in Boeing Alert Requirements Bulletin 757-53A0121 RB, dated
September 28, 2022.
(d) Subject
Air Transport Association (ATA) of America Code: 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by a report of a crack at fuselage station
(STA) 1640 frame web common to the lower hinge intercostal tee clip
center hole of the upper fastener row. This condition, if not
addressed, could result in the inability of a principal structural
element to sustain limit loads, 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 757-53A0121 RB, dated September 28,
2022, do all applicable actions identified in, and in accordance
with, the Accomplishment Instructions of Boeing Alert Requirements
Bulletin 757-53A0121 RB, dated September 28, 2022.
Note 1 to paragraph (g): Guidance for accomplishing the actions
required by this AD can be found in Boeing Alert Service Bulletin
757-53A0121, dated September 28, 2022, which is referred to in
Boeing Alert Requirements Bulletin 757-53A0121 RB, dated September
28, 2022.
(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-
53A0121 RB, dated September 28, 2022, use the phrase ``the original
issue date of Requirements Bulletin 757-53A0121 RB,'' this AD
requires replacing those words with ``the effective date of this
AD.''
(2) Where Boeing Alert Requirements Bulletin 757-53A0121 RB,
dated September 28, 2022, 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.
(3) For airplanes modified in accordance with Aviation Partners
Boeing (APB) Supplemental Type Certificate (STC) ST01518SE, with or
without blended or scimitar blended winglets installed: This AD
requires dividing the applicable compliance times and repeat
intervals specified in the ``Compliance'' paragraph of Boeing Alert
Requirements Bulletin 757-53A0121 RB, dated September 28, 2022, by a
factor of two.
(4) For Group 1 airplanes identified in Boeing Alert
Requirements Bulletin 757-53A0121 RB, dated September 28, 2022, that
have been converted from passenger to freighter configuration using
VT MAE STC ST03562AT or ST03952AT and that have a long inner chord
strap part number 146N8711-65 at the STA 1640 fuselage frame: The
actions specified in paragraph (g) of this AD are not required.
(5) For Group 3 airplanes identified in Boeing Alert
Requirements Bulletin 757-53A0121 RB, dated September 28, 2022, that
have been converted from passenger to freighter configuration using
VT MAE STC ST03562AT: Do all applicable actions for Group 4, as
identified in, and in accordance with, Boeing Alert Requirements
Bulletin 757-53A0121 RB, dated September 28, 2022, at the applicable
times for Group 4 as specified in the ``Compliance'' paragraph of
Boeing Alert Requirements Bulletin 757-53A0121 RB, dated September
28, 2022.
(i) Alternative Methods of Compliance (AMOCs)
(1) The Manager, 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: <a href="/cdn-cgi/l/email-protection#784155393635552b393b37553935373b552a1d090d1d0b0c0b381e1919561f170e"><span class="__cf_email__" data-cfemail="90a9bdd1deddbdc3d1d3dfbdd1dddfd3bdc2f5e1e5f5e3e4e3d0f6f1f1bef7ffe6">[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,
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.
(j) Related Information
(1) For more information about this AD, contact Wayne Ha,
Aviation Safety Engineer, Continued Operational Safety Branch, FAA,
2200 South 216th Street, Des Moines, WA 98198; phone: 562-627-5238;
email: <a href="/cdn-cgi/l/email-protection#2e594f57404b00464f6e484f4f00494158"><span class="__cf_email__" data-cfemail="82f5e3fbece7aceae3c2e4e3e3ace5edf4">[email protected]</span></a>.
(2) Service information 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 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 757-53A0121 RB, dated
September 28, 2022.
(ii) [Reserved]
(3) For material identified in this AD, contact Boeing
Commercial Airplanes, Attention: Contractual & Data Services (C&DS),
2600 Westminster Boulevard, 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 material that is incorporated by reference
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 <a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a> or <a href="/cdn-cgi/l/email-protection#c4a1a9a5ada8a2b6eaadaab7b4a1a7b0adabaa84aaa5b6a5eaa3abb2"><span class="__cf_email__" data-cfemail="12777f737b7e74603c7b7c61627771667b7d7c527c7360733c757d64">[email protected]</span></a>.
Issued on March 4, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-06995 Filed 4-2-24; 8:45 am]
BILLING CODE 4910-13-P
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