[Federal Register Volume 88, Number 105 (Thursday, June 1, 2023)]
[Proposed Rules]
[Pages 35783-35785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11584]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1046; Project Identifier AD-2023-00253-T]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain The Boeing Company Model 757-200, -200CB, and -300 series 
airplanes. This proposed AD was prompted by a report of a crack at 
fuselage station (STA) 1640 frame web common to the lower hinge 
intercostal tee clip inboard and center holes of the upper fastener 
row. This proposed AD would require a maintenance records check for 
existing repairs at STA 1640, repetitive ultrasonic (UT) inspections 
for cracking of the frame web, and applicable on-condition actions. The 
FAA is proposing this AD to address the unsafe condition on these 
products.

DATES: The FAA must receive comments on this proposed AD by July 17, 
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 under 
Docket No. FAA-2023-1046; 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 NPRM, any comments received, and other 
information. The street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For service information identified in this NPRM, contact 
Boeing Commercial Airplanes, Attention: Contractual & Data Services 
(C&DS), 2600 Westminster Boulevard, MC 110-SK57, Seal Beach, CA 90740-
5600; telephone 562-797-1717; website: myboeingfleet.com.
     You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 2200 South 
216th Street, 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 by searching for and locating Docket No. FAA-2023-1046.

FOR FURTHER INFORMATION CONTACT: Wayne Ha, Aviation Safety Engineer, 
Continued Operational Safety Branch, FAA, 2200 South 216th Street, Des 
Moines, WA 98198; phone: 562-627-5238; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2023-1046; Project Identifier 
AD-2023-00253-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, 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 proposal 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 NPRM.

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 NPRM 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 NPRM, 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 NPRM. Submissions containing CBI should be sent to Wayne 
Ha, Aviation Safety Engineer, Continued Operational Safety Branch, FAA, 
2200 South 216th Street, Des Moines, WA 98198; phone: 562-627-5238; 
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.

Background

    The FAA has received a report of a 0.16-inch crack at STA 1640 
frame web common to the lower hinge intercostal tee clip inboard and 
center holes of the upper fastener row on a 757-200 airplane with 
27,754 flight cycles and 79,425 flight hours. The crack was found by an 
operator accomplishing a frame segment replacement as part of a repair 
following Boeing Service Bulletin 757-53A0108 inspections (which is 
required by AD 2020-20-10, Amendment 39-21266 (85 FR 63002, October 6, 
2020) (AD 2020-20-10)). AD 2020-20-10 requires an inspection of the STA 
1640 fuselage frame between S-11 and S-16 for existing frame repairs or 
replacements, a detailed inspection for any crack, nick, or gouge, and 
repetitive high frequency eddy current (HFEC) and low frequency eddy 
current (LFEC) inspections for cracking and repair. The FAA issued AD 
2020-20-10 to address cracking of the fuselage frame at STA 1640, which 
could result in reduced structural integrity of the airplane.
    A damage tolerance analysis showed that existing Maintenance 
Planning Data (MPD) tasks and the inspections specified in Boeing Alert 
Service Bulletin 757-53A0108 are not adequate to find any crack in the 
STA 1640 frame web area common to the lower hinge intercostal tee clip 
inboard and center holes of the upper fastener row. This STA 1640 frame 
web crack is attributed to fatigue caused by flight loads and 
pressurization of the fuselage with higher than predicted stresses at 
this location. Additionally, for airplanes with Aviation Partners 
Boeing (APB) blended or scimitar blended winglets installed in 
accordance with

[[Page 35784]]

Supplemental Type Certificate (STC) ST01518SE, the compliance times 
will be reduced by a factor of two compared to airplanes without these 
winglets. This condition could result in an undetected crack in the STA 
1640 frame web common to the lower hinge intercostal tee clip inboard 
and center holes of the upper fastener row. Such cracking if not 
addressed, could result in the inability of a principal structural 
element to sustain limit loads which could adversely affect the 
structural integrity of the airplane.

FAA's Determination

    The FAA is issuing this NPRM after determining that the unsafe 
condition described previously is likely to exist or develop on other 
products of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Requirements Bulletin 757-53A0121 RB, 
dated September 28, 2022. This service information specifies procedures 
for a maintenance records check of the left and right side STA 1640 
frame web between S-9 and S-20 for existing repair; repetitive UT 
inspections of the frame web for any cracks; and applicable on-
condition actions. On-condition actions include repair.
    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 section.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in the service information already described except for any differences 
identified as exceptions in the regulatory text of this proposed AD. 
For information on the procedures and compliance times, see this 
service information at regulations.gov under Docket No. FAA-2023-1046.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 309 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

                                                 Estimated Costs
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                                                                                                Cost on U.S.
              Action                    Labor cost        Parts cost    Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Maintenance records check........  1 work-hour x $85              $0  $85.................  $26,265.
                                    per hour = $85.
Ultrasonic inspection............  39 work-hour x $85              0  $3,315 per            $1,024,335 per
                                    per hour = $3,315                  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 repairs specified in this proposed 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

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would 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 Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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:

The Boeing Company: Docket No. FAA-2023-1046; Project Identifier AD-
2023-00253-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by July 17, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 757-200, -200CB, and 
-300 series airplanes, certificated in any category, as identified 
in Boeing Alert Requirements Bulletin 757-53A0121 RB, dated 
September 28, 2022.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a report of a crack at fuselage station 
(STA) 1640 frame web common to the lower hinge intercostal tee clip 
inboard and center holes of the upper fastener row. This condition, 
if not addressed, could result in the inability of a principal 
structural element to sustain limit loads, which 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

[[Page 35785]]

Requirements Bulletin 757-53A0121 RB, dated September 28, 2022, do 
all applicable actions identified in, and in accordance with, the 
Accomplishment Instructions of Boeing Alert Requirements Bulletin 
757-53A0121 RB, dated September 28, 2022.

    Note 1 to paragraph (g): Guidance for accomplishing the actions 
required by this AD can be found in Boeing Alert Service Bulletin 
757-53A0121, dated September 28, 2022, which is referred to in 
Boeing Alert Requirements Bulletin 757-53A0121 RB, dated September 
28, 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-
53A0121 RB, dated September 28, 2022, use the phrase ``the original 
issue date of Requirements Bulletin 757-53A0121 RB,'' this AD 
requires using ``the effective date of this AD.''
    (2) Where Boeing Alert Requirements Bulletin 757-53A0121 RB, 
dated September 28, 2022, specifies contacting Boeing for repair 
instructions or for alternative inspections: This AD requires doing 
the repair, or 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 with Aviation Partners Boeing (APB) blended or 
scimitar blended winglets installed in accordance with Supplemental 
Type Certificate (STC) ST01518SE: This AD requires dividing the 
applicable compliance times and repeat intervals specified in in the 
``Compliance'' paragraph of Boeing Alert Requirements Bulletin 757-
53A0121 RB, dated September 28, 2022, by a factor of two.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, 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) 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, 
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

    For more information about this AD, contact Wayne Ha, Aviation 
Safety Engineer, Continued Operational Safety Branch, FAA, 2200 
South 216th Street, Des Moines, WA 98198; phone: 562-627-5238; 
email: [email protected].

(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 757-53A0121 RB, dated 
September 28, 2022.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Contractual & Data Services 
(C&DS), 2600 Westminster Boulevard, MC 110-SK57, Seal Beach, CA 
90740-5600; telephone 562-797-1717; website: myboeingfleet.com.
    (4) You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 2200 
South 216th Street, 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 protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on May 11, 2023.
Gaetano A. Sciortino,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-11584 Filed 5-31-23; 8:45 am]
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