[Federal Register Volume 88, Number 140 (Monday, July 24, 2023)]
[Proposed Rules]
[Pages 47402-47404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15302]


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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]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Model 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 -200PF series 
airplanes. This proposed 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 proposed AD 
would 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 is proposing this AD to address the 
unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by September 
7, 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-2023-1053; 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 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 Blvd., 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 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 by searching for and locating Docket No. FAA-2023-1053.

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-2023-1053; Project Identifier 
AD-2023-00164-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 indicating that cracking has occurred 
in the frame splice doubler and may occur in the upper frame at the 
upper frame splice between stringer S-13 and S-14 on Boeing Model 737-
300, -400, and -500 airplanes at multiple frame locations. The FAA 
issued AD 2021-26-

[[Page 47403]]

03, Amendment 29-21861 (87 FR 2534, January 18, 2022) to address the 
unsafe condition on Boeing Model 737-300, -400, and -500 airplanes. 
Since Boeing Model 757-200, -200CB, and -200PF series airplanes have a 
similar design, Boeing conducted a cross model evaluation and crack 
growth analysis on these airplane models. The analysis indicated that 
current Maintenance Planning Data (MPD) and Supplemental Structural 
Inspection Program (SSIP) tasks do not provide adequate inspections to 
detect cracks before a single frame fails. The single frame failure 
criteria is needed because of the potential interaction between cracks 
in the upper frame at the frame splice between S-13 and S-14 and known 
fuselage skin cracking at the S-14 lap splice in the affected 757 
airplanes. This condition, if not addressed, could result in the 
inability of principal structural element to sustain limit loads and 
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 757-53A0115 RB, 
dated January 25, 2022. This service information 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 service information 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 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 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.

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-2023-1053.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 456 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                Action                          Labor cost          Parts cost            Cost per product                 Cost on U.S.  operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
GVI...................................  2 work-hours x $85 per              $0  $170...............................  $77,520.
                                         hour = $170 per
                                         inspection cycle.
Repetitive Inspections................  Up to 267 work-hour x $85            0  Up to $22,695......................  Up to $10,348,920.
                                         per hour = $22,695 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-2023-1053; Project Identifier AD-
2023-00164-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by September 7, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 757-200, -200CB, and 
-200PF series

[[Page 47404]]

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 Group 1, Group 2, and Group 3 airplanes, as identified 
in Boeing Requirements Bulletin 757-53A0115 RB, dated January 25, 
2022, with APB winglets installed in accordance with STC ST01518SE: 
Where Table 1, Conditions 2.1, 2.2, 4.1, 4.2; Table 2, Conditions 
6.1, 6.2, 8.1, 8.2; Table 3 Conditions 10.1, 10.2, 12.1, 12.2; and 
Table 4 Conditions 14.1, 14.2, 16.1, 16.2 in the ``Compliance'' 
paragraph of Boeing Alert Requirements Bulletin 757-53A0115 RB, 
dated January 25, 2022, specify a repeat inspection interval of 
3,000 flight cycles, this AD requires using a repeat inspection 
interval of 2,600 flight cycles.

(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

    (1) 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].
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (k)(3) and (4) of this AD.

(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 757-53A0115 RB, dated 
January 25, 2022.
    (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; website 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 protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on May 24, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-15302 Filed 7-21-23; 8:45 am]
BILLING CODE 4910-13-P