Airworthiness Directives; The Boeing Company Airplanes, 34988-34991 [2024-09338]

Download as PDF 34988 Federal Register / Vol. 89, No. 85 / Wednesday, May 1, 2024 / Rules and Regulations Branch, mail it to the address identified in paragraph (l) of this AD. Information may be emailed to: 9-AVS-NYACO-COS@faa.gov. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the responsible Flight Standards Office. (2) Contacting the Manufacturer: For any requirement in this AD to obtain instructions from a manufacturer, the instructions must be accomplished using a method approved by the Manager, International Validation Branch, FAA; or Transport Canada; or MHI RJ Aviation ULC’s Transport Canada Design Approval Organization (DAO). If approved by the DAO, the approval must include the DAO-authorized signature. For more information about this AD, contact Yaser Osman, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516– 228–7300; email 9-avs-nyaco-cos@faa.gov. (m) Material Incorporated by Reference ddrumheller on DSK120RN23PROD with RULES1 (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 this AD specifies otherwise. (i) Transport Canada AD CF–2022–54R1, dated October 4, 2022. (ii) [Reserved] (3) For Transport Canada AD CF–2022– 54R1, contact Transport Canada, Transport Canada National Aircraft Certification, 159 Cleopatra Drive, Nepean, Ontario K1A 0N5, Canada; telephone 888–663–3639; email TC.AirworthinessDirectivesConsignesdenavigabilite.TC@tc.gc.ca. You may find this Transport Canada AD on the Transport Canada website at tc.canada.ca/ en/aviation. (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 fr.inspection@nara.gov. Issued on April 2, 2024. Victor Wicklund, Deputy Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2024–09340 Filed 4–30–24; 8:45 am] BILLING CODE 4910–13–P 15:34 Apr 30, 2024 Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2023–1214; Project Identifier AD–2023–00181–T; Amendment 39–22726; AD 2024–07–05] RIN 2120–AA64 Airworthiness Directives; The Boeing Company Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: The FAA is adopting a new airworthiness directive (AD) for certain The Boeing Company Model 757–200, 757–200CB, and 757–300 airplanes. This AD was prompted by cracks on both sides of the airplane in the station (STA) 1640 frame web between S–14 and S–15. This AD requires an inspection or maintenance records check for existing liner holes in the STA 1640 frame web between S–14 and S– 15, and applicable on-condition actions. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective June 5, 2024. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of June 5, 2024. ADDRESSES: AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA–2023–1214; 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: • For Boeing material, 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–2023–1214. FOR FURTHER INFORMATION CONTACT: Wayne Ha, Aviation Safety Engineer, SUMMARY: (l) Additional Information VerDate Sep<11>2014 DEPARTMENT OF TRANSPORTATION Jkt 262001 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 FAA, 2200 South 216th Street, Des Moines, WA 98198; phone: 562–627– 5238; email: Wayne.Ha@faa.gov. 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, 757–200CB, and 757– 300 airplanes. The NPRM published in the Federal Register on July 21, 2023 (88 FR 47090). The NPRM was prompted by cracks on both sides of the airplane at certain stringers. In the NPRM, the FAA proposed to require an inspection or a maintenance records check for existing liner holes at certain stringers, and applicable on-condition actions. The FAA is issuing this AD to address liner holes that could create a stress concentration around the hole and lead to cracks, which could result in the inability of a structural element to sustain limit load and could adversely affect the structural integrity of the airplane. Discussion of Final Airworthiness Directive Comments The FAA received comments from the Air Line Pilots Association, International, who supported the NPRM without change, and additional comments from Aviation Partners Boeing (APB), Boeing, Delta Air Lines, FedEx, and United Airlines. The following presents the comments received on the NPRM and the FAA’s response to each comment. Request to Clarify Location of Crack Findings Boeing requested that the SUMMARY section of the NPRM be revised to clarify the location of the cracks by replacing the phrase ‘‘at certain stringers’’ with ‘‘in the STA 1640 frame web between S–14 and S–15’’ in two places. Boeing stated that cracks were not detected at the stringer locations, but rather in the frame web between S– 14 and S–15. The FAA concurs with the change and has revised this final rule accordingly. Request To Clarify Applicable OnCondition Actions Boeing requested a revision to the NPRM section ‘‘Related Service Information Under 1 CFR part 51’’ to clarify that all on-condition actions depend on the airplane configuration and may include a combination of the actions. E:\FR\FM\01MYR1.SGM 01MYR1 Federal Register / Vol. 89, No. 85 / Wednesday, May 1, 2024 / Rules and Regulations Request To Extend Compliance Time The FAA concurs with the request and has revised this final rule accordingly. Request To Clarify Required Actions Paragraph (e) of the proposed AD stated that the AD would address ‘‘unplugged liner holes’’ that could create a stress concentration around ‘‘the unplugged hole’’ and lead to cracks. Boeing requested that the word ‘‘unplugged’’ be removed in both locations. Boeing stated that although the primary concern is unplugged liner holes, the proposed AD would also require actions for certain plugged holes. The FAA agrees with the request and has changed paragraph (e) of this AD accordingly. ddrumheller on DSK120RN23PROD with RULES1 Request To Change Grouping for Certain Airplanes FedEx stated that all its airplanes affected by the NPRM are Model 757– 200 airplanes, and all of these airplanes are currently considered to be Group 1 airplanes, as defined by Boeing Alert Requirements Bulletin 757–53A0120 RB, dated January 17, 2022. FedEx added that its Model 757–200 airplanes were converted to a configuration similar to Boeing Model 757–200SF airplanes (special freighter airplanes with supplemental type certificate (STC) ST00916WI–D) per VT Mobile Aerospace Engineering STC ST03562AT, and therefore its airplanes are no longer configured as passenger airplanes. Because the inspection areas for its airplanes have been modified by STC ST03562AT, FedEx stated that the inspection areas specified for Group 1 airplanes are no longer applicable. FedEx therefore requested that Group 1 airplanes modified by STC ST03562AT be considered Group 3 airplanes, and required to follow all inspections, methods, and compliance times for Group 3 airplanes. FedEx requested this change to avoid the need for an alternative method of compliance (AMOC) for its airplanes when the AD becomes effective. The FAA agrees that airplanes modified in accordance with STC ST03562AT are no longer Group 1 airplanes, as identified in Boeing Alert Requirements Bulletin 757–53A0120 RB, dated January 17, 2022, and are now Group 3. Paragraph (h)(4) of this AD has been added to specify that Group 1 airplanes that have been converted from a passenger to freighter configuration with STC ST03562AT must do the applicable actions specified for Group 3 airplanes. VerDate Sep<11>2014 15:34 Apr 30, 2024 Jkt 262001 FedEx requested an extension of the initial compliance time to 3,000 flight cycles for actions in Tables 13 through 16 of Boeing Alert Requirements Bulletin 757–53A0120 RB, dated January 17, 2022. FedEx reported that not all of its airplanes will be scheduled for a heavy maintenance visit within the proposed compliance time, and that a 3,000-flight-cycle compliance time would match the Model 757–200SF heavy maintenance schedule. FedEx added that any compliance time requirement sooner than 3,000 flight cycles would force FedEx to schedule airplanes at inopportune times and locations, and would become an even bigger burden to repair any cracking found during the inspections. The FAA does not agree to change the compliance time. In developing an appropriate compliance time for this action, the FAA considered the recommendations of the manufacturer, the urgency associated with the subject unsafe condition, and the practical aspect of compliance with the AD within a period of time that corresponds to the normal scheduled maintenance for most affected operators. In consideration of these items, the FAA determined that the compliance time, as proposed, will ensure an acceptable level of safety. The FAA has not changed this AD as a result of this comment. However, under the provisions of paragraph (i) of this AD, 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. Request To Clarify Compliance Times for Airplanes With STC Delta reported that it operates a number of Boeing Model 757 airplanes with STC ST01518SE installed but without winglets–a configuration approved under STC ST01518SE. Delta noted that paragraph (h)(3) of the proposed AD did not address this configuration. Delta requested that the proposed AD be revised to clarify whether the reduced compliance time specified in paragraph (h)(3) of this AD applies only to airplanes with winglets installed. The FAA provides the following clarification. A compliance time for airplanes with STC ST01518SE but without winglets has not been evaluated; therefore, that compliancetime requirement applies to all configurations with the STC ST01518SE modification. For clarification, paragraph (h)(3) of this AD has been PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 34989 revised to specify that the reduced compliance time applies to airplanes modified in accordance STC ST01518SE, with or without blended or scimitar blended winglets installed. However, as specified in paragraph (i) of this AD, 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. Request To Require Different Service Information APB requested that the proposed AD be revised to require using Aviation Partners Boeing Service Bulletin AP757–53–004, Revision 1, dated February 15, 2023, for airplanes on which APB blended or scimitar blended winglets are installed by STC ST01518SE. APB provided no justification for this request. Delta requested that paragraph (h)(3) of the proposed AD be revised, for airplanes with STC ST01518SE, to provide the less restrictive compliance times and methods than those specified in the proposed AD by using Aviation Partners Boeing Service Bulletin AP757–53–004, Revision 1, dated February 15, 2023. Delta stated that the conservative compliance times and repeat intervals specified in paragraph (h)(3) of the proposed AD would impose a great operational burden on Delta. Delta reported that it would be unable to accomplish the inspection in a regularly scheduled check environment within the proposed 1,000-flight-cycle compliance time. Delta added that the subject inspections require significant access procedures, which would result in extended unscheduled ground time, and could similarly affect all operators. Delta stated that APB, in its comments on the NPRM, reported that APB Service Bulletin AP757–53–004, Revision 1, dated February 15, 2023, had been independently reviewed by a designated engineering representative (DER) and recommended for FAA approval. The FAA disagrees with the requests. The FAA has not reviewed nor approved the APB service bulletin. And given the urgency of the identified unsafe condition, the FAA has determined that delaying this AD while this service bulletin is reviewed and approved would be inappropriate. However, under the provisions of 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. The FAA has not changed this AD as a result of this comment. E:\FR\FM\01MYR1.SGM 01MYR1 34990 Federal Register / Vol. 89, No. 85 / Wednesday, May 1, 2024 / Rules and Regulations Conclusion The FAA reviewed the relevant data, considered the 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 757–53A0120 RB, dated January 17, 2022. This service information specifies procedures for a general visual inspection or maintenance records check of the STA 1640 fuselage frame web between S–14 and S–15, left and right sides, for an existing liner hole, and applicable oncondition actions. Depending on the airplane configuration, on-condition actions include repetitive surface high frequency eddy current (HFEC) inspections for cracks of the web around the fastener (plug), zero-timing the liner hole, plugging the liner hole, repetitive open-hole HFEC inspections of the web for cracks, and crack repair, or some combination of these actions. 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 419 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD: ESTIMATED COSTS Action Labor cost Parts cost Cost per product Cost on U.S. operators Inspection ........................................................ 69 work-hours × $85 per hour = $5,865 ........ $0 $5,865 $2,457,435 The FAA estimates the following costs to do any necessary on-condition actions that would be required based on the results of the inspection. The agency has no way of determining the number of aircraft that might need these oncondition actions: ON-CONDITION COSTS Action Labor cost Parts cost Cost per product HFEC inspections, plugging the liner hole, zero-timing of plugged liner hole. 2 work-hours × $85 per hour = $340 ........................... $5 $345 The FAA has received no definitive data on which to base the cost estimates for the crack repair specified in this AD. ddrumheller on DSK120RN23PROD with RULES1 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. VerDate Sep<11>2014 15:34 Apr 30, 2024 Jkt 262001 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, PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive: ■ 2024–07–05 The Boeing Company: Amendment 39–22726; Docket No. FAA–2023–1214; Project Identifier AD– 2023–00181–T. (a) Effective Date This airworthiness directive (AD) is effective June 5, 2024. (b) Affected ADs None. (c) Applicability This AD applies to The Boeing Company Model 757–200, 757–200CB, and 757–300 airplanes, certificated in any category, as identified in Boeing Alert Requirements Bulletin 757–53A0120 RB, dated January 17, 2022. E:\FR\FM\01MYR1.SGM 01MYR1 Federal Register / Vol. 89, No. 85 / Wednesday, May 1, 2024 / Rules and Regulations (d) Subject Air Transport Association (ATA) of America Code 53, Fuselage. (e) Unsafe Condition This AD was prompted by cracks on both sides of the airplane in the station (STA) 1640 frame web between stringer S–14 and S–15. The FAA is issuing this AD to address liner holes that could create a stress concentration around the holes and lead to cracks. The unsafe condition, if not addressed, could result in the inability of a structural element to sustain limit load and could adversely affect the structural integrity of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. ddrumheller on DSK120RN23PROD with RULES1 (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 757–53A0120 RB, dated January 17, 2022, do all applicable actions identified in, and in accordance with, the Accomplishment Instructions of Boeing Alert Requirements Bulletin 757–53A0120 RB, dated January 17, 2022. Actions identified as terminating action in Boeing Alert Requirements Bulletin 757–53A0120 RB, dated January 17, 2022, terminate the applicable required actions of this AD, provided the terminating action is done in accordance with the Accomplishment Instructions of Boeing Alert Requirements Bulletin 757–53A0120 RB, dated January 17, 2022. Note 1 to paragraph (g): Guidance for accomplishing the actions required by this AD can be found in Boeing Alert Service Bulletin 757–53A0120, dated January 17, 2022, which is referred to in Boeing Alert Requirements Bulletin 757–53A0120 RB, dated January 17, 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– 53A0120 RB, dated January 17, 2022, refer to the original issue date of Requirements Bulletin 757–53A0120 RB, this AD requires using the effective date of this AD. (2) Where Boeing Alert Requirements Bulletin 757–53A0120 RB, dated January 17, 2022, 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) For airplanes that have been modified in accordance with supplemental type certificate (STC) ST01518SE, with or without blended or scimitar blended winglets installed: This AD requires all compliance times and repetitive intervals required by this AD, as specified in the ‘‘Compliance’’ paragraph of Boeing Alert Requirements Bulletin 757–53A0120 RB, dated January 17, 2022, to be divided by a factor of 2. (4) For airplanes identified as Group 1 in Boeing Alert Requirements Bulletin 757– VerDate Sep<11>2014 15:34 Apr 30, 2024 Jkt 262001 53A0120 RB, dated January 17, 2022, that have been converted from a passenger to freighter configuration with VT Mobile Aerospace Engineering (MAE) STC ST03562AT: This AD requires compliance with all applicable actions and compliance times specified for Group 3 airplanes. (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 AMOC@ FAA.gov. (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. 34991 (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 fr.inspection@nara.gov. Issued on March 29, 2024. Victor Wicklund, Deputy Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2024–09338 Filed 4–30–24; 8:45 am] BILLING CODE 4910–13–P COMMODITY FUTURES TRADING COMMISSION 17 CFR Parts 23 and 37 RIN 3038–AF34 Swap Confirmation Requirements for Swap Execution Facilities Commodity Futures Trading Commission. ACTION: Final rule. AGENCY: The Commodity Futures Trading Commission (Commission or CFTC) is amending its swap execution facility (SEF) regulations related to uncleared swap confirmations, and making associated technical and conforming changes. DATES: This rule is effective May 31, 2024. SUMMARY: FOR FURTHER INFORMATION CONTACT: (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: Wayne.Ha@faa.gov. (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. Table of Contents (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 757–53A0120 RB, dated January 17, 2022. (ii) [Reserved] (3) For Boeing material, 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. I. Background A. Regulatory History: The Part 37 Rules B. Summary of Amendments to § 37.6 C. Consultation With Other U.S. Financial Regulators II. Final Regulations A. § 37.6—Enforceability 1. Regulation § 37.6(b)(1)—Uncleared Swap Confirmations: Incorporation by Reference of Underlying Previously Negotiated Agreements 2. Amendment to § 37.6(b)—Timing of Swap Transaction Confirmation 3. Amendment to § 37.6(b)—Conflicting Terms 4. Clarification of § 37.6(b) 5. Clarification of § 37.6(a) B. Amendments to § 23.501(a)(4)(i) III. Effective Date IV. Related Matters A. Regulatory Flexibility Act B. Paperwork Reduction Act C. Cost-Benefit Considerations D. Antitrust Considerations PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 Roger Smith, Associate Chief Counsel, (202) 418–5344, rsmith@cftc.gov, Division of Market Oversight, Commodity Futures Trading Commission, 77 West Jackson Blvd., Suite 800, Chicago, Illinois 60604. SUPPLEMENTARY INFORMATION: E:\FR\FM\01MYR1.SGM 01MYR1

Agencies

[Federal Register Volume 89, Number 85 (Wednesday, May 1, 2024)]
[Rules and Regulations]
[Pages 34988-34991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09338]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1214; Project Identifier AD-2023-00181-T; 
Amendment 39-22726; AD 2024-07-05]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain The Boeing Company Model 757-200, 757-200CB, and 757-300 
airplanes. This AD was prompted by cracks on both sides of the airplane 
in the station (STA) 1640 frame web between S-14 and S-15. This AD 
requires an inspection or maintenance records check for existing liner 
holes in the STA 1640 frame web between S-14 and S-15, and applicable 
on-condition actions. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective June 5, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of June 5, 
2024.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1214; 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:
     For Boeing material, 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-2023-1214.

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, 757-200CB, and 757-300 airplanes. The NPRM 
published in the Federal Register on July 21, 2023 (88 FR 47090). The 
NPRM was prompted by cracks on both sides of the airplane at certain 
stringers. In the NPRM, the FAA proposed to require an inspection or a 
maintenance records check for existing liner holes at certain 
stringers, and applicable on-condition actions. The FAA is issuing this 
AD to address liner holes that could create a stress concentration 
around the hole and lead to cracks, which could result in the inability 
of a structural element to sustain limit load and could adversely 
affect the structural integrity of the airplane.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from the Air Line Pilots Association, 
International, who supported the NPRM without change, and additional 
comments from Aviation Partners Boeing (APB), Boeing, Delta Air Lines, 
FedEx, and United Airlines. The following presents the comments 
received on the NPRM and the FAA's response to each comment.

Request to Clarify Location of Crack Findings

    Boeing requested that the SUMMARY section of the NPRM be revised to 
clarify the location of the cracks by replacing the phrase ``at certain 
stringers'' with ``in the STA 1640 frame web between S-14 and S-15'' in 
two places. Boeing stated that cracks were not detected at the stringer 
locations, but rather in the frame web between S-14 and S-15.
    The FAA concurs with the change and has revised this final rule 
accordingly.

Request To Clarify Applicable On-Condition Actions

    Boeing requested a revision to the NPRM section ``Related Service 
Information Under 1 CFR part 51'' to clarify that all on-condition 
actions depend on the airplane configuration and may include a 
combination of the actions.

[[Page 34989]]

    The FAA concurs with the request and has revised this final rule 
accordingly.

Request To Clarify Required Actions

    Paragraph (e) of the proposed AD stated that the AD would address 
``unplugged liner holes'' that could create a stress concentration 
around ``the unplugged hole'' and lead to cracks. Boeing requested that 
the word ``unplugged'' be removed in both locations. Boeing stated that 
although the primary concern is unplugged liner holes, the proposed AD 
would also require actions for certain plugged holes.
    The FAA agrees with the request and has changed paragraph (e) of 
this AD accordingly.

Request To Change Grouping for Certain Airplanes

    FedEx stated that all its airplanes affected by the NPRM are Model 
757-200 airplanes, and all of these airplanes are currently considered 
to be Group 1 airplanes, as defined by Boeing Alert Requirements 
Bulletin 757-53A0120 RB, dated January 17, 2022. FedEx added that its 
Model 757-200 airplanes were converted to a configuration similar to 
Boeing Model 757-200SF airplanes (special freighter airplanes with 
supplemental type certificate (STC) ST00916WI-D) per VT Mobile 
Aerospace Engineering STC ST03562AT, and therefore its airplanes are no 
longer configured as passenger airplanes. Because the inspection areas 
for its airplanes have been modified by STC ST03562AT, FedEx stated 
that the inspection areas specified for Group 1 airplanes are no longer 
applicable. FedEx therefore requested that Group 1 airplanes modified 
by STC ST03562AT be considered Group 3 airplanes, and required to 
follow all inspections, methods, and compliance times for Group 3 
airplanes. FedEx requested this change to avoid the need for an 
alternative method of compliance (AMOC) for its airplanes when the AD 
becomes effective.
    The FAA agrees that airplanes modified in accordance with STC 
ST03562AT are no longer Group 1 airplanes, as identified in Boeing 
Alert Requirements Bulletin 757-53A0120 RB, dated January 17, 2022, and 
are now Group 3. Paragraph (h)(4) of this AD has been added to specify 
that Group 1 airplanes that have been converted from a passenger to 
freighter configuration with STC ST03562AT must do the applicable 
actions specified for Group 3 airplanes.

Request To Extend Compliance Time

    FedEx requested an extension of the initial compliance time to 
3,000 flight cycles for actions in Tables 13 through 16 of Boeing Alert 
Requirements Bulletin 757-53A0120 RB, dated January 17, 2022. FedEx 
reported that not all of its airplanes will be scheduled for a heavy 
maintenance visit within the proposed compliance time, and that a 
3,000-flight-cycle compliance time would match the Model 757-200SF 
heavy maintenance schedule. FedEx added that any compliance time 
requirement sooner than 3,000 flight cycles would force FedEx to 
schedule airplanes at inopportune times and locations, and would become 
an even bigger burden to repair any cracking found during the 
inspections.
    The FAA does not agree to change the compliance time. In developing 
an appropriate compliance time for this action, the FAA considered the 
recommendations of the manufacturer, the urgency associated with the 
subject unsafe condition, and the practical aspect of compliance with 
the AD within a period of time that corresponds to the normal scheduled 
maintenance for most affected operators. In consideration of these 
items, the FAA determined that the compliance time, as proposed, will 
ensure an acceptable level of safety. The FAA has not changed this AD 
as a result of this comment. However, under the provisions of paragraph 
(i) of this AD, 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.

Request To Clarify Compliance Times for Airplanes With STC

    Delta reported that it operates a number of Boeing Model 757 
airplanes with STC ST01518SE installed but without winglets-a 
configuration approved under STC ST01518SE. Delta noted that paragraph 
(h)(3) of the proposed AD did not address this configuration. Delta 
requested that the proposed AD be revised to clarify whether the 
reduced compliance time specified in paragraph (h)(3) of this AD 
applies only to airplanes with winglets installed.
    The FAA provides the following clarification. A compliance time for 
airplanes with STC ST01518SE but without winglets has not been 
evaluated; therefore, that compliance-time requirement applies to all 
configurations with the STC ST01518SE modification. For clarification, 
paragraph (h)(3) of this AD has been revised to specify that the 
reduced compliance time applies to airplanes modified in accordance STC 
ST01518SE, with or without blended or scimitar blended winglets 
installed. However, as specified in paragraph (i) of this AD, 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.

Request To Require Different Service Information

    APB requested that the proposed AD be revised to require using 
Aviation Partners Boeing Service Bulletin AP757-53-004, Revision 1, 
dated February 15, 2023, for airplanes on which APB blended or scimitar 
blended winglets are installed by STC ST01518SE. APB provided no 
justification for this request.
    Delta requested that paragraph (h)(3) of the proposed AD be 
revised, for airplanes with STC ST01518SE, to provide the less 
restrictive compliance times and methods than those specified in the 
proposed AD by using Aviation Partners Boeing Service Bulletin AP757-
53-004, Revision 1, dated February 15, 2023. Delta stated that the 
conservative compliance times and repeat intervals specified in 
paragraph (h)(3) of the proposed AD would impose a great operational 
burden on Delta. Delta reported that it would be unable to accomplish 
the inspection in a regularly scheduled check environment within the 
proposed 1,000-flight-cycle compliance time. Delta added that the 
subject inspections require significant access procedures, which would 
result in extended unscheduled ground time, and could similarly affect 
all operators. Delta stated that APB, in its comments on the NPRM, 
reported that APB Service Bulletin AP757-53-004, Revision 1, dated 
February 15, 2023, had been independently reviewed by a designated 
engineering representative (DER) and recommended for FAA approval.
    The FAA disagrees with the requests. The FAA has not reviewed nor 
approved the APB service bulletin. And given the urgency of the 
identified unsafe condition, the FAA has determined that delaying this 
AD while this service bulletin is reviewed and approved would be 
inappropriate. However, under the provisions of 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. The FAA 
has not changed this AD as a result of this comment.

[[Page 34990]]

Conclusion

    The FAA reviewed the relevant data, considered the 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 757-53A0120 RB, 
dated January 17, 2022. This service information specifies procedures 
for a general visual inspection or maintenance records check of the STA 
1640 fuselage frame web between S-14 and S-15, left and right sides, 
for an existing liner hole, and applicable on-condition actions. 
Depending on the airplane configuration, on-condition actions include 
repetitive surface high frequency eddy current (HFEC) inspections for 
cracks of the web around the fastener (plug), zero-timing the liner 
hole, plugging the liner hole, repetitive open-hole HFEC inspections of 
the web for cracks, and crack repair, or some combination of these 
actions. 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 419 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
----------------------------------------------------------------------------------------------------------------
Inspection..........................  69 work-hours x $85 per              $0           $5,865       $2,457,435
                                       hour = $5,865.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of the 
inspection. The agency has no way of determining the number of aircraft 
that might need these on-condition actions:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
HFEC inspections, plugging the liner hole,     2 work-hours x $85 per hour =                $5             $345
 zero-timing of plugged liner hole.             $340.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost 
estimates for the crack repair 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:

2024-07-05 The Boeing Company: Amendment 39-22726; Docket No. FAA-
2023-1214; Project Identifier AD-2023-00181-T.

(a) Effective Date

    This airworthiness directive (AD) is effective June 5, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 757-200, 757-200CB, 
and 757-300 airplanes, certificated in any category, as identified 
in Boeing Alert Requirements Bulletin 757-53A0120 RB, dated January 
17, 2022.

[[Page 34991]]

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by cracks on both sides of the airplane in 
the station (STA) 1640 frame web between stringer S-14 and S-15. The 
FAA is issuing this AD to address liner holes that could create a 
stress concentration around the holes and lead to cracks. The unsafe 
condition, if not addressed, could result in the inability of a 
structural element to sustain limit load and 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 757-53A0120 RB, dated January 17, 2022, 
do all applicable actions identified in, and in accordance with, the 
Accomplishment Instructions of Boeing Alert Requirements Bulletin 
757-53A0120 RB, dated January 17, 2022. Actions identified as 
terminating action in Boeing Alert Requirements Bulletin 757-53A0120 
RB, dated January 17, 2022, terminate the applicable required 
actions of this AD, provided the terminating action is done in 
accordance with the Accomplishment Instructions of Boeing Alert 
Requirements Bulletin 757-53A0120 RB, dated January 17, 2022.

    Note 1 to paragraph (g): Guidance for accomplishing the actions 
required by this AD can be found in Boeing Alert Service Bulletin 
757-53A0120, dated January 17, 2022, which is referred to in Boeing 
Alert Requirements Bulletin 757-53A0120 RB, dated January 17, 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-
53A0120 RB, dated January 17, 2022, refer to the original issue date 
of Requirements Bulletin 757-53A0120 RB, this AD requires using the 
effective date of this AD.
    (2) Where Boeing Alert Requirements Bulletin 757-53A0120 RB, 
dated January 17, 2022, 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) For airplanes that have been modified in accordance with 
supplemental type certificate (STC) ST01518SE, with or without 
blended or scimitar blended winglets installed: This AD requires all 
compliance times and repetitive intervals required by this AD, as 
specified in the ``Compliance'' paragraph of Boeing Alert 
Requirements Bulletin 757-53A0120 RB, dated January 17, 2022, to be 
divided by a factor of 2.
    (4) For airplanes identified as Group 1 in Boeing Alert 
Requirements Bulletin 757-53A0120 RB, dated January 17, 2022, that 
have been converted from a passenger to freighter configuration with 
VT Mobile Aerospace Engineering (MAE) STC ST03562AT: This AD 
requires compliance with all applicable actions and compliance times 
specified for Group 3 airplanes.

(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, 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, FAA, 2200 South 216th Street, Des Moines, 
WA 98198; phone: 562-627-5238; email: [email protected].
    (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 757-53A0120 RB, dated 
January 17, 2022.
    (ii) [Reserved]
    (3) For Boeing material, 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].

    Issued on March 29, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-09338 Filed 4-30-24; 8:45 am]
BILLING CODE 4910-13-P

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