[Federal Register Volume 88, Number 95 (Wednesday, May 17, 2023)]
[Rules and Regulations]
[Pages 31469-31472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10624]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1048; Project Identifier AD-2023-00620-A,T; 
Amendment 39-22440; AD 2023-10-04]
RIN 2120-AA64


Airworthiness Directives; Boeing Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Boeing Model B-17E, B-17F, and B-17G airplanes. This AD was prompted by 
a report indicating that the left front spar lower fitting had 
completely separated at the wing-to-fuselage joint, and the equivalent 
joint on the right side of the airplane was cracked. This AD requires 
inspections of the wing terminal-to-spar chord joints, and repair if 
necessary. The FAA is issuing this AD to address the unsafe condition 
on these products.

DATES: This AD is effective June 1, 2023.
    The FAA must receive comments on this AD by July 3, 2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow 
the instructions for submitting comments.
     Fax: 202-493-2251.
     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.
     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 by 
searching for and locating Docket No. FAA-2023-1048; 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.

FOR FURTHER INFORMATION CONTACT: For more information about this AD, 
contact Eric Schrieber, Aerospace Engineer, Airframe Section, FAA, 
Airframe Section, West Certification Branch, 3960 Paramount Boulevard, 
Lakewood, CA 90712-4137; phone 562-627-5348; email 
[email protected].

SUPPLEMENTARY INFORMATION: 

Background

    During walk-around checks performed in 2021 prior to takeoff of a 
Model B-17 airplane, it was discovered that the left wing had shifted 
away from the fuselage by about 2 inches. Further investigation was 
conducted when both wings were removed in 2023 and found complete 
separation of the left front spar lower fitting at the wing-to-fuselage 
joint as well as additional cracking on the equivalent joint on the 
right side of the airplane. This condition, if not addressed, could 
result in fatigue cracking of the wing terminal-to-spar chord joints, 
which could result in loss of control of the airplane and reduced 
structural integrity of the airplane. The FAA is issuing this AD to 
address the unsafe condition on these products.
    AD 2001-22-06, Amendment 39-12485 (66 FR 54111, October 26, 2001), 
requires an inspection of the holes in the spar chord at the same 
location where the cracks were recently discovered in the steel 
fitting. However, that inspection has not been effective in reliably 
detecting cracks in the steel fitting inside the spar chord tube. For 
this reason, the FAA has determined that a new inspection procedure is 
required.
    Some of these airplanes are operated under experimental 
airworthiness certificates. The FAA has intentionally included these 
airplanes in the applicability of this AD because of the risks 
associated with passenger-carrying operations frequently conducted by 
these airplanes.

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.

AD Requirements

    This AD requires inspections of the wing terminal-to-spar chord 
joints to detect cracking and corrosion, using one of two options:
     a magnetic particle inspection of the terminal fittings 
and an eddy current inspection of the spar chord, or
     an eddy current bolt hole inspection on the steel terminal 
fittings and the aluminum spar chord.

[[Page 31470]]

    This AD also requires repairing cracking and corrosion and sending 
all inspection results (both positive and negative) to the FAA.

Interim Action

    The FAA considers this AD to be an interim action. The inspection 
reports that are required by this AD will enable the FAA to obtain 
better insight into the nature, cause, and extent of the discrepancies 
found on the affected airplanes. The information from the reports will 
help the FAA evaluate the risk to develop a long-term solution that 
will address the unsafe condition. Once final action has been 
identified, the FAA might consider further rulemaking.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b)(3)(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 fatigue cracking of the wing terminal-to-spar chord joints 
could result in loss of control of the aircraft and reduced structural 
integrity of the airplane. Accordingly, notice and opportunity for 
prior public comment are impracticable and contrary to the public 
interest pursuant to 5 U.S.C. 553(b)(3)(B).
    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.

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 
ADDRESSES. Include Docket No. FAA-2023-1048 and Project Identifier AD-
2023-00620-A,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 Eric 
Schrieber, Aerospace Engineer, Airframe Section, FAA, Airframe Section, 
West Certification Branch, 3960 Paramount Boulevard, Lakewood, CA 
90712-4137; phone 562-627-5348; email [email protected]. Any 
commentary that the FAA receives that is not specifically designated as 
CBI will be placed in the public docket for this rulemaking.

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 18 airplanes of U.S. 
registry. Of those, only 3 are currently in flying condition and 
several others are undergoing restoration. The FAA is also aware of one 
additional aircraft in operation in the United Kingdom. The FAA 
estimates the following costs to comply with this AD:

                                                 Estimated Costs
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                                                                                     Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspections *......................  25 work-hours x $85 per                 $25          $2,150         $38,700
                                      hour = $2,125.
Reporting..........................  1 work-hour x $85 per hour                0              85           1,530
                                      = $85.
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* Estimates are provided for the eddy current bolt hole inspections of the most inboard fastener only.

    Although this AD provides two inspection options for compliance, 
only the cost estimates for the eddy current bolt hole inspections are 
provided. The FAA has received no definitive data on which to base the 
cost estimates for the magnetic particle inspection. Further, the 
magnetic particle inspection requires major disassembly, whereas the 
bolt hole inspections require only disassembling one bolt. Therefore, 
the FAA predicts most operators will choose to do the eddy current bolt 
hole inspections, which do not require major disassembly.
    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

[[Page 31471]]

Control Number for this information collection is 2120-0056. Public 
reporting for this collection of information is estimated to be 
approximately 1 hour per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, 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 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:

2023-10-04 Boeing: Amendment 39-22440; Docket No. FAA-2023-1048; 
Project Identifier AD-2023-00620-A,T.

(a) Effective Date

    This airworthiness directive (AD) is effective June 1, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Boeing Model B-17E, B-17F, and B-17G 
airplanes, certificated in any category.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a report indicating that the wing of one 
airplane had shifted away from the fuselage by about 2 inches, and 
the left front spar lower fitting had completely separated at the 
wing-to-fuselage joint, and additional cracking was found on the 
equivalent joint on the right side of the airplane. The FAA is 
issuing this AD to address these conditions, which, if not 
addressed, could result in loss of control of the airplane and 
reduced structural integrity of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Inspection

    Before further flight: Perform inspections to detect cracking 
and corrosion by doing the actions specified in either paragraph 
(g)(1) or (2) of this AD. No action is required by this AD if all 
wing terminal fittings have been inspected in accordance with 
paragraph (b)(1) of AD 2001-22-06, Amendment 39-12485 (66 FR 54111, 
October 26, 2001), and, as of the effective date of this AD, no more 
than 10 years or 2,500 flight hours have accumulated since that 
inspection.
    (1) Separate all 8 wing terminal-to-spar chord joints (wings 
off) and perform a magnetic particle inspection of the steel 
terminal fittings and an eddy current inspection of the 8 inboard 
holes in the end of the spar chord, in accordance with procedures 
approved by the Manager, West Certification Branch, FAA.
    (2) On the left and right lower forward terminal fitting-to-spar 
chord joint assemblies, remove the most inboard fastener common to 
the spar cord and the terminal fitting, and do an eddy current bolt 
hole inspection on the steel terminal fittings and on the aluminum 
spar chord in accordance with procedures approved by the Manager, 
West Certification Branch, FAA.

(h) Repair

    If any cracking or corrosion is found during the inspections 
required by paragraph (g) of this AD, repair before further flight 
using a method approved by the Manager, West Certification Branch, 
FAA.

(i) Report

    At the applicable time specified in paragraph (i)(1) or (2) of 
this AD, submit a report of all findings (positive and negative) 
from the inspections required by paragraph (g) of this AD. The 
report must include a statement that no discrepancies were found or 
a description of any discrepancies found including the condition of 
the wing terminal-to-spar chord joints (terminal fitting and spar 
chord), the inspection procedure used, the airplane serial number, 
and the number of flight hours on the airplane. Submit the report to 
Eric Schrieber, Senior Engineer, West Certification Branch Airframe 
Section, email [email protected].
    (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, West Certification 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) 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.

(k) Related Information

    For more information about this AD, contact Eric Schrieber, 
Aerospace Engineer, Airframe Section, FAA, Airframe Section, West 
Certification Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-
4137; phone 562-627-5348; email [email protected].

(l) Material Incorporated by Reference

    None.


[[Page 31472]]


    Issued on May 12, 2023.
Gaetano A. Sciortino,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-10624 Filed 5-15-23; 4:15 pm]
BILLING CODE 4910-13-P