[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 [www.gpo.gov]
[FR Doc No: 2024-24443]



========================================================================
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. 

========================================================================


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.

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

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 regulations.gov. 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 regulations.gov 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 myboeingfleet.com.
    <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 regulations.gov 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 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this AD contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this AD, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this AD. Submissions containing CBI should be sent to 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 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

[[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 www.archives.gov/federal-register/cfr/ibr-locations 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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