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[Federal Register Volume 89, Number 236 (Monday, December 9, 2024)]
[Rules and Regulations]
[Pages 97494-97497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28782]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1053; Project Identifier AD-2023-00164-T; 
Amendment 39-22891; AD 2024-24-01]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain The Boeing Company Model 757-200, -200CB, and -200PF series 
airplanes. This AD was prompted by a crack growth analysis, which 
indicated that current inspections are not adequate to detect cracks in 
certain sections of the upper frame at the frame splice between certain 
stringers before a single frame fails. This AD requires an inspection 
or records review for existing repairs, repetitive inspections for 
cracks of the upper frame at the frame splices between certain 
stringers in certain sections, and applicable on-condition actions. The 
FAA is issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective January 13, 2025.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 13, 
2025.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1053, 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 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.
     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-2023-1053.

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, -200CB, and -200PF series airplanes. The NPRM 
published in the Federal Register on July 24, 2023 (88 FR 47402). The 
NPRM was prompted by a crack growth analysis, which indicated that 
current inspections are not adequate to detect cracks in certain 
sections of the upper frame at the frame splice between certain 
stringers before a single frame fails. In the NPRM, the FAA proposed to 
require an inspection or records review for existing repairs, 
repetitive inspections for cracks of the upper frame at the frame 
splices between certain stringers in certain sections, and applicable 
on-condition actions.
    The FAA issued a supplemental notice of proposed rulemaking (SNPRM) 
to amend 14 CFR part 39 by adding an AD that would apply to certain The 
Boeing Company Model 757-200, -200CB, and -200PF series airplanes. The 
SNPRM published in the Federal Register on April 22, 2024 (89 FR 
29274). The SNPRM was prompted by a determination that the repetitive 
inspection intervals for airplanes that were modified by Aviation 
Partners Boeing (APB) supplemental type certificate (STC) ST01518SE 
needed to be revised. The SNPRM proposed to require the actions 
specified in the NPRM, with certain revised compliance times.
    The FAA is issuing this AD to address cracking at the upper frames 
common to the splice at stringers S-13 to S-14, which could interact 
with fuselage skin cracking at the stringer S-14 lap splice. This 
unsafe condition, if not addressed, could result in the inability of a 
principal structural element to sustain

[[Page 97495]]

limit loads, and could adversely affect the structural integrity of the 
airplane.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from Boeing who supported the SNPRM 
without change.
    The FAA received additional comments from FedEx Express, United 
Airlines (United), and European Air Transport Leipzig GmbH (EATL). The 
following presents the comments received on the SNPRM and the FAA's 
response to each comment.

Request To Use Different Figures

    FedEx Express noted that its 757 fleet has been modified by VT MAE 
STC ST03562AT, passenger-to-freighter modification for Model 757-200 
series airplanes, which adds a main deck cargo door to the airplane. 
After consultation with the STC holder, FedEx Express requested 
modifications for Groups 1, 2, and 3 of Boeing Alert Requirements 
Bulletin 757-53A0115, dated January 25, 2022, for airplanes modified by 
VT MAE STC ST03562AT. FedEx Express requested using the different 
figures from the requirements bulletin for the factory freighter 
airplanes along with shorter repeat intervals associated with those 
figures. FedEx Express stated that all other figures along with the 
method of inspections called out in the requirements bulletin will be 
complied with according to their respective effectivity.
    The FAA finds no justification for airplanes modified by VT MAE STC 
ST03562AT to utilize the inspections, methods, and intervals in Groups 
1, 2, and 3 of Boeing Alert Requirements Bulletin 757-53A0115, dated 
January 25, 2022. FedEx did not provide sufficient justification and 
data for airplanes modified by VT MAE STC ST03562AT to support a 
revision to this AD. Operators must request approval of an alternative 
method of compliance (AMOC) for airplanes modified by VT MAE STC 
ST03562AT to address the unsafe condition of this AD and comply with 
its requirements. For those airplanes, the FAA has added paragraph 
(h)(4) of this AD to provide an exception to the actions specified in 
Boeing Alert Requirements Bulletin 757-53A0115, dated January 25, 2022.

Comment Regarding Compliance Time

    United stated that the proposed requirement to divide the 
applicable compliance times and repeat intervals specified in Boeing 
Alert Requirements Bulletin 757-53A0115, dated January 25, 2022, by a 
factor of two is excessive and could create an undue burden on the 
operators. United added that the FAA did not provide details regarding 
how it determined requiring a reduction in compliance by a factor of 
two. United understood that a reduction is necessary because APB does 
not yet have an approved service bulletin to provide its compliance 
requirements. However, United believed the reduction required by APB 
will likely show a factor of two is not an accurate determination.
    EATL stated the proposed exception in paragraph (h)(3) of the 
proposed AD includes strong penalties for airplanes equipped with 
winglets, as modified by APB STC ST01518SE. EATL noted Boeing and APB 
usually work closely together to align impacts generated by 
installation of winglets, which is then included in the compliance 
tables of the requirements bulletin. EATL added that Boeing Alert 
Requirements Bulletin 757-53A0115, dated January 25, 2022, does not 
include such penalties or any indication that installation of winglets 
affects the compliance times.
    EATL stated the proposed exception in paragraph (h)(3) of the 
proposed AD would prevent airplanes equipped with winglets, as modified 
by APB STC ST01518SE, from scheduling the inspections required by this 
AD during base maintenance events. EATL requested that the FAA re-
evaluate halving the applicable compliance times and repeat intervals 
specified in Boeing Alert Requirements Bulletin 757-53A0115, dated 
January 25, 2022.
    The FAA stated the reduction in compliance by a factor of two is to 
allow for APB to complete its evaluation of airplanes with APB STC 
ST01518SE installed. The FAA determined this is a conservative and 
appropriate compliance time for this AD. No changes have been made to 
this AD in this regard.

Conclusion

    The FAA reviewed the relevant data, considered any comments 
received, and determined that air safety requires adopting this AD as 
proposed. Accordingly, the FAA is issuing this AD to address the unsafe 
condition on these products. Except for minor editorial changes, and 
any other changes described previously, this AD is adopted as proposed 
in the SNPRM. None of the changes will increase the economic burden on 
any operator.

Material Incorporated by Reference Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Requirements Bulletin 757-53A0115 RB, 
dated January 25, 2022. This material specifies procedures for a 
general visual inspection (GVI) or records review between stringers S-
13 and S-14 in Sections 43 and 46 for existing repairs. This material 
also describes procedures, depending on the configuration, for 
repetitive high frequency eddy current (HFEC) and low frequency eddy 
current (LFEC) inspections for cracking of the upper frames and splice 
doublers at the frame splices between stringers S-13 and S-14, left- 
and right-hand sides, in Sections 43 and 46; and applicable on-
condition actions. On-condition actions include repair.
    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.

Costs of Compliance

    The FAA estimates that this AD affects 456 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                             Parts                              Cost on U.S.
               Action                      Labor cost        cost      Cost per product          operators
----------------------------------------------------------------------------------------------------------------
GVI................................  2 work-hours x $85         $0  $170 per inspection    $77,520 per
                                      per hour = $170 per            cycle.                 inspection cycle.
                                      inspection cycle.
Repetitive Inspections.............  Up to 267 work-hours        0  Up to $22,695 per      Up to $10,348,920 per
                                      x $85 per hour = Up            inspection cycle.      inspection cycle.
                                      to $22,695 per
                                      inspection cycle.
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[[Page 97496]]

    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition repairs specified in this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: General requirements. 
Under that section, Congress charges the FAA with promoting safe flight 
of civil aircraft in air commerce by prescribing regulations for 
practices, methods, and procedures the Administrator finds necessary 
for safety in air commerce. This regulation is within the scope of that 
authority because it addresses an unsafe condition that is likely to 
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD will not have a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

2024-24-01 The Boeing Company: Amendment 39-22891; Docket No. FAA-
2023-1053; Project Identifier AD-2023-00164-T.

(a) Effective Date

    This airworthiness directive (AD) is effective January 13, 2025.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 757-200, -200CB, and 
-200PF series airplanes, certificated in any category, as identified 
in Boeing Alert Requirements Bulletin 757-53A0115 RB, dated January 
25, 2022.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a crack growth analysis, which indicated 
that current inspections are not adequate to detect cracks in the 
Sections 43 and 46 upper frame at the frame splice between stringers 
S-13 and S-14 before a single frame fails. The FAA is issuing this 
AD to address cracking at the upper frames common to the splice at 
stringers S-13 to S-14, which could interact with fuselage skin 
cracking at the stringer S-14 lap splice. The unsafe condition, if 
not addressed, could result in the inability of a principal 
structural element to sustain limit loads, 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 757-53A0115 RB, dated January 25, 2022, 
do all applicable actions identified in, and in accordance with, the 
Accomplishment Instructions of Boeing Alert Requirements Bulletin 
757-53A0115 RB, dated January 25, 2022.
    Note 1 to paragraph (g): Guidance for accomplishing the actions 
required by this AD can be found in Boeing Alert Service Bulletin 
757-53A0115, dated January 25, 2022, which is referred to in Boeing 
Alert Requirements Bulletin 757-53A0115 RB, dated January 25, 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-
53A0115 RB, dated January 25, 2022, use the phrase ``the original 
issue date of Requirements Bulletin 757-53A0115 RB,'' this AD 
requires using the effective date of this AD.
    (2) Where Boeing Alert Requirements Bulletin 757-53A0115 RB, 
dated January 25, 2022, specifies contacting Boeing for repair 
instructions or for alternative inspections: This AD requires doing 
the repair and doing the alternative inspections and applicable on-
condition actions using a method approved in accordance with the 
procedures specified in paragraph (i) of this AD.
    (3) For airplanes on which winglet structural provisions 
(original equipment manufacturer (OEM) wingtips) or Aviation 
Partners Boeing (APB) winglets have been installed in accordance 
with APB Supplemental Type Certificate (STC) ST01518SE: This AD 
requires dividing the applicable compliance times and repeat 
intervals specified in the ``Compliance'' paragraph of Boeing 
Requirements Bulletin 757-53A0115 RB, dated January 25, 2022, by a 
factor of two.
    (4) For airplanes modified by VT MAE STC ST03562AT: Where 
paragraph (g) of this AD requires doing ``all applicable actions 
identified in, and in accordance with, the Accomplishment 
Instructions of Boeing Alert Requirements Bulletin 757-53A0115 RB, 
dated January 25, 2022,'' this AD requires obtaining inspection 
instructions and applicable repair instructions in accordance with 
the procedures specified in paragraph (i) of this AD at the later of 
the compliance times specified in paragraphs (h)(4)(i) and (ii) of 
this AD. Comply with all applicable instructions at the time 
specified in the instructions.
    (i) Before 50,000 total flight cycles.
    (ii) Within 2,500 flight cycles after the effective date of this 
AD.

(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, 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,

[[Page 97497]]

Continued Operational Safety Branch, 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 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 Alert Requirements Bulletin 757-53A0115 RB, dated 
January 25, 2022.
    (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 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 November 19, 2024.
Peter A. White,
Deputy Director, Integrated Certificate Management Division, Aircraft 
Certification Service.
[FR Doc. 2024-28782 Filed 12-6-24; 8:45 am]
BILLING CODE 4910-13-P
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