[Federal Register Volume 87, Number 88 (Friday, May 6, 2022)]
[Rules and Regulations]
[Pages 26964-26966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09663]



[[Page 26964]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0685; Project Identifier AD-2021-00432-T; 
Amendment 39-22015; AD 2022-08-12]
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 superseding Airworthiness Directive (AD) 2020-21-
17, which applied to all The Boeing Company Model 757 airplanes. AD 
2020-21-17 required repetitive inspections for skin cracking and shim 
migration at the upper link drag fittings, diagonal brace cracking, and 
fastener looseness; and applicable on-condition actions. This AD was 
prompted by reports of bolt rotation in the engine drag fitting joint 
and fastener heads and cracks found in the skin of the fastener holes, 
and the need to reduce the compliance time for certain groups. This AD 
retains the requirements of AD 2020-21-17 with reduced compliance times 
for certain airplane groups. The FAA is issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective June 10, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of June 10, 
2022.

ADDRESSES: For service information identified in this final rule, 
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; internet https://www.myboeingfleet.com. You may view this service information 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 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2021-0685.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0685; 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.

FOR FURTHER INFORMATION CONTACT: David Truong, Aerospace Engineer, 
Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount 
Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5224; email: 
<a href="/cdn-cgi/l/email-protection#e18580978885cf9593948e8f86a1878080cf868e97"><span class="__cf_email__" data-cfemail="cda9acbba4a9e3b9bfb8a2a3aa8dabacace3aaa2bb">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2020-21-17, Amendment 39-21290 (85 FR 
79418, December 10, 2020) (AD 2020-21-17). AD 2020-21-17 applied to all 
The Boeing Company Model 757 airplanes. The NPRM published in the 
Federal Register on September 9, 2021 (86 FR 50485). The NPRM was 
prompted by reports of bolt rotation in the engine drag fitting joint 
and fastener heads and cracks found in the skin of the fastener holes, 
and the need to reduce the compliance time for certain groups. In the 
NPRM, the FAA proposed to retain the requirements of AD 2020-21-17 with 
reduced compliance times for certain airplane groups. The FAA is 
issuing this AD to address cracking in the wing upper skin and forward 
drag fittings, which could lead to a compromised upper link and reduced 
structural integrity of the engine strut, and possible separation of a 
strut and engine from the airplane during flight.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from the Air Line Pilots Association, 
International (ALPA), Boeing, and FedEx who supported the NPRM without 
change.
    The FAA received additional comments from three commenters, 
including Aviation Partners Boeing (APB), United Airlines (UAL), and 
United Parcel Service (UPS). The following presents the comments 
received on the NPRM and the FAA's response to each comment.

Effect of Winglets on Accomplishment of the Proposed Actions

    APB stated that accomplishing Supplemental Type Certificate (STC) 
ST01518SE does not affect the actions specified in the proposed AD.
    The FAA concurs with the commenter. The FAA has redesignated 
paragraph (c) of the proposed AD as paragraph (c)(1) of this AD and 
added paragraph (c)(2) to this AD to state that installation of STC 
ST01518SE does not affect the ability to accomplish the actions 
required by this AD. Therefore, for airplanes on which STC ST01518SE is 
installed, a ``change in product'' alternative method of compliance 
(AMOC) approval request is not necessary to comply with the 
requirements of 14 CFR 39.17.

Request To Clarify Certain Figures in the Service Information

    UAL requested clarification of Figures 21 and 22 for an open-hole 
high frequency eddy current (HFEC) inspection as specified in Boeing 
Alert Requirements Bulletin 757-57A0073 RB, Revision 2, dated March 1, 
2021. UAL stated that in note (a) of Figures 21 and 22, it specifies to 
``Do an open-hole HFEC inspection for any crack in accordance with 757 
NDT [Non-Destructive Test] Manual Part 6, 51-00-16,'' at the ``Fastener 
Holes and Drag Fitting.'' UAL also stated that this is different than 
the inspection specified in note (a) of Figures 7 and 8 which specifies 
to ``Do an open-hole HFEC inspection for any crack of the holes of 
loose fasteners only in accordance with 757 NDT Manual Part 6, 51-00-
16'' at the ``Fastener Holes.''
    UAL stated that the NDT manual references are the same in Figures 7 
and 8, and Figures 21 and 22. UAL commented that Figures 7 and 8 are 
used in Part 4 inspections (only at loose fastener hole locations found 
at locations 11 through 18) of the service information; and Figures 21 
and 22 are used in Part 8 inspections (inspections of all fastener 
locations 11 through 18) of the service information. UAL commented that 
it is not clear what the intent is of making step 1 in Figures 21 and 
22 specify ``Fastener Holes'' and ``Drag Fitting,'' (listed as two 
separate items) and if these are different inspections of the fastener 
holes.
    The FAA agrees to provide clarification. Part 4 inspections use 
Figures 7 and 8 of the service information to inspect for any cracking, 
and are an on-condition action required only for any fastener holes 
that are found (during Part 2 inspections) to have loose fasteners in 
the wing upper skin. Part 8 inspections use Figures 21 and 22 to 
inspect for any cracking in the fastener holes of the upper wing skin 
and drag fitting, and are required for all airplanes. Accomplishing an 
open hole

[[Page 26965]]

HFEC inspection as a result of Condition 5 (which requires 
accomplishing figures 7 and 8), meets the requirement of the open hole 
HFEC inspection of fastener holes 11 through 18 for only the fastener 
hole(s) inspected (as specified in note (a) of Tables 4 and 7 in the 
Accomplishment Instructions of Boeing Alert Requirements Bulletin 757-
57A0073 RB, Revision 2, dated March 1, 2021). The open hole HFEC 
inspection for any cracking of fastener holes 11 through 18 specified 
in Figures 7 and 8 and Figures 21 and 22 are the same, however the 
``Drag Fitting'' specified in Figures 21 and 22 is emphasized so the 
drag fitting fastener holes are not missed when performing the open 
hole HFEC inspection through the fastener hole shared between the upper 
wing skin and drag fitting. Part 4 and Part 8 have different compliance 
times and repetitive inspection intervals. The FAA has not changed this 
AD in this regard.

Request To Include Previously Approved AMOCs

    UPS requested that the FAA include previously approved AMOCs in the 
proposed AD for AD 2018-16-05, Amendment 39-19345 (83 FR 38250, August 
6, 2018) (AD 2018-16-05), which was superseded by AD 2020-21-17.
    The FAA agrees with the request. AMOCs for AD 2018-16-05 that are 
still applicable to the corresponding provisions of Boeing Alert 
Requirements Bulletin 757-57A0073 RB, Revision 2, dated March 1, 2021, 
which are required by paragraph (g) of this AD, are approved as AMOCs 
for this AD. The FAA has added paragraph (j)(5) to this AD to include 
AMOCs approved for AD 2018-16-05.

Conclusion

    The FAA reviewed the relevant data, considered any comments 
received, and determined that air safety requires adopting this AD as 
proposed. 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 757-57A0073 RB, 
Revision 2, dated March 1, 2021. This service information specifies 
procedures for repetitive general visual and detailed inspections for 
loose fasteners, skin cracking, and shim migration at the upper link 
drag fittings, and for cracking in the diagonal brace and diagonal 
brace fittings; repetitive open-hole high frequency eddy current 
inspections for cracking of the fastener holes and loose bolt holes; 
and applicable on-condition actions. On-condition actions include 
installing the upper link and upper link pins; replacing drag fittings; 
installing bolts, washers, and nuts; performing a torque check of 
fasteners on the affected shims; trimming affected shims and applying 
chemical conversion coating on the shims, fillet seal, and drag 
fittings; and repairing cracks, migrated shims, mistorqued bolts, and 
loose fasteners.
    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 would affect 450 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 HFEC inspections......  85 work-hours x $85            $0  $7,225 per            $3,251,250 per
                                    per hour = $7,225                  inspection cycle.     inspection cycle.
                                    per inspection
                                    cycle.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition actions 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:
0
a. Removing Airworthiness Directive (AD) 2020-21-17, Amendment 39-21290 
(85 FR 79418, December 10, 2020); and
0
b. Adding the following new AD:

2022-08-12 The Boeing Company: Amendment 39-22015; Docket No.

[[Page 26966]]

FAA-2021-0685; Project Identifier AD-2021-00432-T.

(a) Effective Date

    This airworthiness directive (AD) is effective June 10, 2022.

(b) Affected ADs

    This AD replaces AD 2020-21-17, Amendment 39-21290 (85 FR 79418, 
December 10, 2020) (AD 2020-21-17).

(c) Applicability

    (1) This AD applies to all The Boeing Company Model 757-200, -
200PF, -200CB, and -300 series airplanes, certificated in any 
category.
    (2) Installation of Supplemental Type Certificate (STC) 
ST01518SE does not affect the ability to accomplish the actions 
required by this AD. Therefore, for airplanes on which STC ST01518SE 
is installed, a ``change in product'' alternative method of 
compliance (AMOC) approval request is not necessary to comply with 
the requirements of 14 CFR 39.17.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by reports of bolt rotation in the engine 
drag fitting joint and fastener heads and cracks found in the skin 
of the fastener holes, and the need to reduce the compliance time 
for certain groups. The FAA is issuing this AD to address cracking 
in the wing upper skin and forward drag fittings, which could lead 
to a compromised upper link and reduced structural integrity of the 
engine strut, and possible separation of a strut and engine from the 
airplane during flight.

(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 757-57A0073 RB, Revision 2, dated March 
1, 2021, do all applicable actions identified in, and in accordance 
with, the Accomplishment Instructions of Boeing Alert Requirements 
Bulletin 757-57A0073 RB, Revision 2, dated March 1, 2021.
    Note 1 to paragraph (g): Guidance for accomplishing the actions 
required by this AD can be found in Boeing Alert Service Bulletin 
757-57A0073, Revision 2, dated March 1, 2021, which is referred to 
in Boeing Alert Requirements Bulletin 757-57A0073 RB, Revision 2, 
dated March 1, 2021.

(h) Exceptions to Service Information Specifications

    (1) Where Boeing Alert Requirements Bulletin 757-57A0073 RB, 
Revision 2, dated March 1, 2021, uses the phrase ``the Original 
Issue date of Requirements Bulletin 757-57A0073 RB,'' this AD 
requires using September 10, 2018 (the effective date of AD 2018-16-
05, Amendment 39-19345 (83 FR 38250, August 6, 2018)).
    (2) Where the Compliance Time columns of the tables in the 
``Compliance'' paragraph of Boeing Alert Requirements Bulletin 757-
57A0073 RB, Revision 2, dated March 1, 2021, uses the phrase ``the 
Revision 1 date of Requirements Bulletin 757-57A0073 RB date of this 
service bulletin,'' this AD requires using January 14, 2021 (the 
effective date of AD 2020-21-17).
    (3) Where the Condition and Compliance Time columns of the 
tables in the ``Compliance'' paragraph of Boeing Alert Requirements 
Bulletin 757-57A0073 RB, Revision 2, dated March 1, 2021, uses the 
phrase ``the Revision 2 date of Requirements Bulletin 757-57A0073 
RB,'' this AD requires using the effective date of this AD.
    (4) Where Boeing Alert Requirements Bulletin 757-57A0073 RB, 
Revision 2, dated March 1, 2021, specifies contacting Boeing for 
repair instructions: This AD requires doing the repair using a 
method approved in accordance with the procedures specified in 
paragraph (j) of this AD.

(i) Credit for Previous Actions

    (1) This paragraph provides credit for the actions specified in 
paragraph (g) of this AD, except for the open-hole high frequency 
eddy current inspections at fastener locations 11-18, if those 
actions were performed before the effective date of this AD using 
Boeing Alert Requirements Bulletin 757-57A0073 RB, dated July 14, 
2017.
    (2) This paragraph provides credit for the actions specified in 
paragraph (g) of this AD, if those actions were performed before the 
effective date of this AD using Boeing Alert Requirements Bulletin 
757-57A0073 RB, Revision 1, dated August 1, 2019. This service 
information is not incorporated by reference in this AD.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles ACO 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 Related Information. Information may be emailed 
to: <a href="/cdn-cgi/l/email-protection#10293d515e5d3d5c5151535f3d515d5f533d4275616575636463507671713e777f66"><span class="__cf_email__" data-cfemail="d7eefa96999afa9b96969498fa969a9894fa85b2a6a2b2a4a3a497b1b6b6f9b0b8a1">[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, Los 
Angeles ACO 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.
    (4) AMOCs approved for AD 2020-21-17 are approved as AMOCs for 
the corresponding provisions of Boeing Alert Requirements Bulletin 
757-57A0073 RB, Revision 2, dated March 1, 2021, that are required 
by paragraph (g) of this AD.
    (5) AMOCs approved for AD 2018-16-05, Amendment 39-19345 (83 FR 
38250, August 6, 2018) are approved as AMOCs for the corresponding 
provisions of Boeing Alert Requirements Bulletin 757-57A0073 RB, 
Revision 2, dated March 1, 2021, that are required by paragraph (g) 
of this AD.

(k) Related Information

    (1) For more information about this AD, contact David Truong, 
Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch, 
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5224; email: <a href="/cdn-cgi/l/email-protection#0a6e6b7c636e247e787f65646d4a6c6b6b246d657c"><span class="__cf_email__" data-cfemail="c2a6a3b4aba6ecb6b0b7adaca582a4a3a3eca5adb4">[email protected]</span></a>.
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (l)(3) and (4) of this AD.

(l) 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 757-57A0073 RB, Revision 
2, dated March 1, 2021.
    (ii) [Reserved]
    (3) For service information 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; internet https://www.myboeingfleet.com.
    (4) You may view this service information 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 service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email <a href="/cdn-cgi/l/email-protection#b5d3c79bdcdbc6c5d0d6c1dcdadbf5dbd4c7d49bd2dac3"><span class="__cf_email__" data-cfemail="3f594d1156514c4f5a5c4b5650517f515e4d5e11585049">[email protected]</span></a>, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on April 7, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-09663 Filed 5-5-22; 8:45 am]
BILLING CODE 4910-13-P


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