Rule2024-24443
Airworthiness Directives; The Boeing Company Airplanes
Primary source
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Published
October 23, 2024
Effective
November 7, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for all The Boeing Company Model 717-200 airplanes. This AD was prompted by a report of cracks found in the rear spar lower cap forward leg and lower aft skin of the right wing, during investigation of a fuel leak. This AD requires repetitive inspections for any fuel leak or crack of the lower aft skins, external doublers, and rear spar lower caps of the left and right wings, and corrective actions and inspection reports if necessary. 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 205 (Wednesday, October 23, 2024)</title>
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[Federal Register Volume 89, Number 205 (Wednesday, October 23, 2024)]
[Rules and Regulations]
[Pages 84457-84460]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-24443]
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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. 89, No. 205 / Wednesday, October 23, 2024 /
Rules and Regulations
[[Page 84457]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-2412; Project Identifier AD-2024-00535-T;
Amendment 39-22868; AD 2024-21-01]
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 all
The Boeing Company Model 717-200 airplanes. This AD was prompted by a
report of cracks found in the rear spar lower cap forward leg and lower
aft skin of the right wing, during investigation of a fuel leak. This
AD requires repetitive inspections for any fuel leak or crack of the
lower aft skins, external doublers, and rear spar lower caps of the
left and right wings, and corrective actions and inspection reports if
necessary. The FAA is issuing this AD to address the unsafe condition
on these products.
DATES: This AD is effective November 7, 2024.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 7,
2024.
The FAA must receive comments on this AD by December 9, 2024.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="http://regulations.gov">regulations.gov</a>. Follow
the instructions for submitting comments.
<bullet> Fax: 202-493-2251.
<bullet> 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.
<bullet> 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 <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2024-2412; 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:
<bullet> 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 <a href="http://myboeingfleet.com">myboeingfleet.com</a>.
<bullet> 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 <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2024-2412.
FOR FURTHER INFORMATION CONTACT: Wayne Ha, Aviation Safety Engineer,
FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 562-627-5238;
email: <a href="/cdn-cgi/l/email-protection#acfbcdd5c2c982e4cdeccacdcd82cbc3da"><span class="__cf_email__" data-cfemail="287f4951464d066049684e4949064f475e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
the ADDRESSES section. Include Docket No. FAA-2024-2412 and Project
Identifier AD-2024-00535-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
<a href="http://regulations.gov">regulations.gov</a>, 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 Wayne
Ha, Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA
98198; phone: 562-627-5238; email: <a href="/cdn-cgi/l/email-protection#81d6e0f8efe4afc9e0c1e7e0e0afe6eef7"><span class="__cf_email__" data-cfemail="d483b5adbab1fa9cb594b2b5b5fab3bba2">[email protected]</span></a>. 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 that, during investigation
of a fuel leak, a crack was found in the rear spar lower cap forward
leg of the right wing. Subsequent inspections revealed multiple cracks
in the wing lower aft skin in the same general area as the cracks found
in the spar cap, including one approximately 7 inches in length that is
not capable of sustaining a limit load event. This condition, if not
addressed, could lead to reduced structural integrity of the airplane
and loss of control of the airplane, which could result in a
catastrophic event. The FAA is issuing this AD to address the unsafe
condition on these products.
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.
[[Page 84458]]
Material Incorporated by Reference Under 1 CFR Part 51
The FAA reviewed Boeing Multi Operator Message MOM-MOM-24-0482-01B,
dated September 13, 2024. This material specifies procedures for
repetitive general visual inspections of the lower aft skins and
external doublers of the left and right wings for any fuel leak;
repetitive general visual inspections of the rear spar lower caps of
the left and right wings for any fuel leak; repetitive surface eddy
current high frequency inspections of the rear spar lower caps of the
left and right wings for any crack; repetitive surface eddy current
high frequency inspections of the lower aft skins of the left and right
wings for any crack; and obtaining and following approved repair
instructions if any fuel leak or crack is detected during any
inspection. 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. This AD also requires sending the
inspection results to the airplane manufacturer if any crack or fuel
leak is found during any inspection.
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 the existing maintenance program may not be sufficient to
detect a crack before it reaches a critical length since it could occur
in an area covered by the external doubler. Such cracks in the wing
rear spar lower caps and lower aft skin are not capable of sustaining a
limit load event. This unsafe condition, if not addressed, could lead
to reduced structural integrity of the airplane and loss of control of
the airplane, which could result in a catastrophic event. Accordingly,
notice and opportunity for prior public comment are impracticable and
contrary to the public interest pursuant to 5 U.S.C. 553(b).
The compliance time in this AD is shorter than the time necessary
for the public to comment and for publication of the final rule. 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 118 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
----------------------------------------------------------------------------------------------------------------
Repetitive Inspections............. 27 work-hours x $85 $0 $2,295 per $270,810 per
per hour = $2,295 inspection cycle. inspection cycle.
per inspection
cycle.
----------------------------------------------------------------------------------------------------------------
The FAA estimates the following costs to do any necessary reporting
that would be required based on the results of the inspections. The FAA
has no way of determining the number of aircraft that might need this
reporting:
On-Condition Costs
----------------------------------------------------------------------------------------------------------------
Action Labor cost Parts cost Cost per product
----------------------------------------------------------------------------------------------------------------
Reporting.................. 1 work-hour x $85 per $0 $85 per inspection cycle.
hour = $85 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.
Paperwork Reduction Act
A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a currently valid OMB Control Number. The OMB
Control Number for this information collection is 2120-0056. Public
reporting for this collection of information is estimated to take
approximately 1 hour per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Send comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing this burden, to: Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue
[[Page 84459]]
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.
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:
2024-21-01 The Boeing Company: Amendment 39-22868; Docket No. FAA-
2024-2412; Project Identifier AD-2024-00535-T.
(a) Effective Date
This airworthiness directive (AD) is effective November 7, 2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all The Boeing Company Model 717-200
airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 57, Wings.
(e) Unsafe Condition
This AD was prompted by cracks found in the rear spar lower cap
forward leg and lower aft skin of the right wing, during
investigation of a fuel leak. The FAA is issuing this AD to address
cracks in the wing rear spar lower caps and lower aft skins that are
not capable of sustaining a limit load event. The unsafe condition,
if not addressed, could lead to reduced structural integrity of the
airplane and loss of control of the airplane, which could result in
a catastrophic event.
(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 table 1 or table 2 of Boeing Multi
Operator Message MOM-MOM-24-0482-01B, dated September 13, 2024, do
all applicable actions identified in, and in accordance with, table
1 or table 2 of Boeing Multi Operator Message MOM-MOM-24-0482-01B,
dated September 13, 2024.
Note 1 to paragraph (g): Additional guidance for accomplishing
the actions required by paragraph (g) of this AD can be found in
Boeing Multi Operator Message MOM-MOM-24-0484-01B, dated September
16, 2024.
(h) Exceptions to Boeing Multi Operator Message Specifications
(1) Where table 1 and table 2 of Boeing Multi Operator Message
MOM-MOM-24-0482-01B, dated September 13, 2024, refer to the ``issue
date of this Alert MOM,'' this AD requires using the effective date
of this AD.
(2) Where table 1 and table 2 of Boeing Multi Operator Message
MOM-MOM-24-0482-01B, dated September 13, 2024, specify contacting
Boeing for repair instructions, this AD requires repair using a
method approved in accordance with the procedures specified in
paragraph (j) of this AD.
(3) Where table 1 and table 2 of Boeing Multi Operator Message
MOM-MOM-24-0482-01B, dated September 13, 2024, specify inspecting
the ``wing lower aft skins for any fuel leak,'' this AD requires
replacing that text with ``wing lower aft skins and doublers for any
fuel leak.''
(i) On-Condition Report
If any crack or fuel leak is found during any inspection
required by paragraph (g) of this AD, at the applicable time
specified in paragraph (i)(1) or (2) of this AD, submit a report of
positive findings to The Boeing Company via the Boeing Communication
System (BCS). The report must include the crack size, crack
location, and fuel leak location, as applicable.
(1) If the inspection was done on or after the effective date of
this AD: Submit the report within 10 days after the inspection.
(2) If the inspection was done before the effective date of this
AD: Submit the report within 10 days after the effective date of
this AD.
(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, 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: <a href="/cdn-cgi/l/email-protection#591814161a193f3838773e362f"><span class="__cf_email__" data-cfemail="0c4d41434f4c6a6d6d226b637a">[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, 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; phone: 562-627-5238; email: <a href="/cdn-cgi/l/email-protection#aef9cfd7c0cb80e6cfeec8cfcf80c9c1d8"><span class="__cf_email__" data-cfemail="aafdcbd3c4cf84e2cbeacccbcb84cdc5dc">[email protected]</span></a>.
(2) Material 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 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 Multi Operator Message MOM-MOM-24-0482-01B, dated
September 13, 2024.
(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 <a href="http://myboeingfleet.com">myboeingfleet.com</a>.
(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
[[Page 84460]]
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 email <a href="/cdn-cgi/l/email-protection#bed8cc90d7d0cdcedbddcad7d1d0fed0dfccdf90d9d1c8"><span class="__cf_email__" data-cfemail="9cfaeeb2f5f2efecf9ffe8f5f3f2dcf2fdeefdb2fbf3ea">[email protected]</span></a>.
Issued on October 9, 2024.
Peter A. White,
Deputy Director, Integrated Certificate Management Division, Aircraft
Certification Service.
[FR Doc. 2024-24443 Filed 10-21-24; 11:15 am]
BILLING CODE 4910-13-P
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