[Federal Register Volume 88, Number 171 (Wednesday, September 6, 2023)]
[Proposed Rules]
[Pages 60904-60907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18839]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0017; Project Identifier AD-2022-01418-T]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (SNPRM).

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SUMMARY: The FAA is revising a notice of proposed rulemaking (NPRM) 
that applied to all The Boeing Company Model 757 airplanes. This action 
revises the NPRM by adding inspections for airplanes modified to a 
cargo configuration. The FAA is proposing this airworthiness directive 
(AD) to address the unsafe condition on these products. Since these 
actions would impose an additional burden over those in the NPRM, the 
FAA is requesting comments on this SNPRM.

DATES: The FAA must receive comments on this SNPRM by October 23, 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-2023-0017; or in person at Docket Operations between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains the NPRM, this SNPRM, 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 SNPRM, 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-2023-0017.

FOR FURTHER INFORMATION CONTACT: Wayne Ha, Aviation Safety Engineer, 
FAA, 3960 Paramount Boulevard, Lakewood, CA 90712; 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-2023-0017; Project Identifier 
AD-2022-01418-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 again 
revise 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 proposed AD.

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 SNPRM 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 SNPRM, 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 SNPRM. Submissions containing CBI should 
be sent to Wayne Ha, Aviation Safety Engineer, FAA, 3960 Paramount 
Boulevard, Lakewood, CA 90712; 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 issued an NPRM to amend 14 CFR part 39 by adding an AD that 
would apply to all The Boeing Company Model 757 airplanes. The NPRM 
published in the Federal Register on January 26, 2023 (88 FR 4920). The 
NPRM was prompted by the potential for cracks to start in hidden areas 
underneath the scuff plates in the fuselage skin and bear strap of 
certain doors. In the NPRM, the FAA stated that certain maintenance 
inspections do not include a step to remove the scuff plates, which 
contributes to the inability to find cracks before they become 
critical. Cracks underneath the scuff plates in the fuselage skin and 
bear strap, if not addressed, could adversely affect the structural 
integrity of the airplane.

[[Page 60905]]

    In the NPRM, the FAA proposed to require a general visual 
inspection or a maintenance records check for repairs in the areas 
around the fuselage skin door cutout lower corners of certain doors. 
The FAA also proposed applicable on-condition actions including 
repetitive low frequency and high frequency eddy current inspections 
for cracks in the skin or bear strap in the unrepaired areas, and crack 
repair.

Actions Since the NPRM Was Issued

    Based on the comments the FAA received on the NPRM, the FAA is 
proposing additional inspections for Model 757-200 series airplanes 
that have been modified from a passenger configuration to a cargo 
configuration under supplemental type certificate (STC) ST04242AT, 
ST03562AT, or ST03952AT. As proposed in the NPRM, for Model 757-200 
series airplanes with STC ST04242AT, ST03562AT, or ST03952AT, only the 
No. 1, No. 2, and No. 4 passenger entry doors, and the No. 1, No. 2, 
and No. 3 cargo doors, would have to be inspected. With this SNPRM, the 
FAA is proposing that for those airplanes, the crew entry door and main 
deck cargo door, as applicable, would also have to be inspected. This 
change is more fully discussed under the Comments section.

Comments

    The FAA received comments from the Air Line Pilots Association, 
International, Boeing, and United Airlines, who supported the NPRM 
without change.
    The FAA also received comments from Aviation Partners Boeing, VT 
Mobile Aerospace Engineering (VT MAE), and Federal Express (FedEx). 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

    Aviation Partners Boeing stated that the installation of blended or 
scimitar blended winglets per STC ST01518SE does not affect compliance 
with the actions in the proposed AD.
    The FAA agrees with the commenter. The FAA has redesignated 
paragraph (c) of the proposed AD (of the NPRM) as paragraph (c)(1) of 
this proposed AD (of the SNPRM) and added paragraph (c)(2) to this 
proposed 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 Change Required Inspections and Compliance Time for 
Airplanes Modified per VT MAE STC ST04242AT

    VT MAE requested the FAA change the proposed inspections for 
airplanes modified under STC ST04242AT from a passenger configuration 
to a 15-pallet cargo configuration. VT MAE stated that under STC 
ST04242AT, the No. 1 left hand side (LHS), No. 1 right hand side (RHS), 
No. 4 LHS, and No. 4 RHS passenger entry doors have been plugged (re-
skinned). Thus, the commenter requested the FAA not require these 
airplanes to be subject to the inspection of the No. 1 LHS, No. 1 RHS, 
No. 4 LHS and No. 4 RHS passenger entry doors specified in Boeing Alert 
Requirements Bulletin 757-53A0119 RB, dated October 12, 2022. In 
addition, the commenter stated that under STC ST04242AT, the crew entry 
door and the main deck cargo door surround cutout structure is similar 
to that of Boeing Model 757-200 PF airplanes identified as Group 4 in 
Boeing Alert Requirements Bulletin 757-53A0119 RB, dated October 12, 
2022. As a result, VT MAE requested that these airplanes be required to 
do the inspection of the crew entry door and main deck cargo door 
(Table 4 and Table 5 of Boeing Alert Requirements Bulletin 757-53A0119 
RB, dated October 12, 2022), that is specified for Group 4 airplanes.
    The FAA agrees that Model 757-200 series airplanes modified under 
VT MAE STC ST04242AT should be subject to the same inspections as those 
required for Model 757-200 PF series airplanes (Group 4 in the service 
information), due to the similar design. The FAA has added paragraph 
(g)(2) of this proposed AD to require these additional inspections. The 
FAA disagrees with the request to omit the inspection of the passenger 
doors because the commenter did not submit sufficient data to 
substantiate an acceptable level of safety.
    VT MAE also requested the FAA change the proposed compliance time 
to start after the airplane is converted from passenger to cargo 
configuration for the inspection at the door cutout lower corners of 
the crew entry door and the door cutout lower corners of main deck 
cargo door. The commenter stated that the cutout structures are newly 
installed during the freighter conversion.
    The FAA disagrees with the request to revise the compliance time 
because the commenter did not submit sufficient data to substantiate an 
acceptable level of safety. However, the FAA will consider requests for 
approval of AMOCs and compliance times if sufficient data is submitted 
to substantiate the changes would provide an acceptable level of 
safety.

Request To Add Inspections and Change Compliance Time for Airplanes 
Modified per VT MAE STC ST03562AT or ST03952AT

    FedEx and VT MAE requested the FAA add inspections for airplanes 
modified from a passenger configuration to a cargo configuration. VT 
MAE stated that under STCs ST03562AT and ST03952AT, the main deck cargo 
door surround cutout structure is similar in design to Boeing Model 
757-200 airplanes in a special freighter configuration under STC 
ST00916WI-D (identified as Group 6 in Boeing Alert Requirements 
Bulletin 757-53A0119 RB, dated October 12, 2022). Thus, VT MAE 
requested that airplanes modified under STC ST03562AT or ST03952AT be 
inspected as specified in Boeing Alert Requirements Bulletin 757-
53A0119 RB, dated October 12, 2022, including the inspection at the 
door cutout lower corners of the main deck cargo door specified for 
Group 6 in Table 5. FedEx made the same request regarding airplanes 
modified under STC ST03562AT.
    The FAA agrees that Model 757-200 airplanes modified under VT MAE 
STC ST03562AT or ST03952AT should be subject to the same inspections as 
those required for Model 757-200 airplanes modified under STC 
ST00916WI-D (Group 6 in the service information), due to the similar 
design. The FAA has added paragraph (g)(3) of this proposed AD to 
require these additional inspections.
    VT MAE and FedEx also requested the FAA change the proposed 
compliance time to start after the airplane is converted from passenger 
to cargo configuration for the inspection at the door cutout lower 
corners of main deck cargo door. The commenters stated that the cutout 
structure surrounding the main deck cargo doors are added during 
passenger-to-cargo conversion, rather than when the airplanes are 
manufactured.
    The FAA disagrees with the request to revise the compliance time 
because the commenters did not submit sufficient data to substantiate 
an acceptable level of safety. However, the FAA will consider requests 
for approval of alternative compliance times as an AMOC if sufficient 
data is submitted to substantiate the change would provide an 
acceptable level of safety.

[[Page 60906]]

Request To Clarify Exceptions Paragraph

    FedEx requested the FAA clarify paragraph (h)(2) of the proposed AD 
and provided suggested language.
    The FAA determined that the language provided by the commenter is 
identical to the language in paragraph (h)(2) of the proposed AD. 
However, the FAA has revised the language in paragraph (h)(2) of this 
proposed AD to clarify which conditions the exception applies to.

FAA's Determination

    The FAA is issuing this SNPRM after determining the unsafe 
condition described previously is likely to exist or develop in other 
products of the same type design. Certain changes described above 
expand the scope of the NPRM. As a result, it is necessary to reopen 
the comment period to provide additional opportunity for the public to 
comment on this SNPRM.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Requirements Bulletin 757-53A0119 RB, 
dated October 12, 2022. This service information specifies procedures 
for either a general visual inspection or a maintenance records check 
for repairs in the areas around the fuselage skin door cutout lower 
corners of the No. 1, No. 2, and No. 4 passenger entry doors; crew 
entry door; No. 1, No. 2, and No. 3 cargo doors; and main deck cargo 
door; and applicable on-condition actions, including repetitive low 
frequency and high frequency eddy current inspections for cracks in the 
skin or bear strap in the unrepaired areas, and crack 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 SNPRM

    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 by searching for and 
locating Docket No. FAA-2023-0017.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 482 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

                                                 Estimated Costs
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                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
General visual inspection for repairs.  1 work-hour x $85 per                 $0             $85         $40,970
                                         hour = $85.
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    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of the 
proposed inspection. The agency has no way of determining the number of 
airplanes that might need these on-condition actions:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                 Action                           Labor cost            Parts cost         Cost per product
----------------------------------------------------------------------------------------------------------------
Inspections for cracks..................  Up to 27 work-hours x $85               $0  Up to $2,295 per
                                           per hour = Up to $2,295                     inspection cycle.
                                           per inspection cycle.
----------------------------------------------------------------------------------------------------------------

    The extent of cracking found during the on-condition inspection 
could vary significantly from airplane to airplane. The FAA has no way 
of determining the extent of cracking that may be found on each 
airplane, the cost to repair the cracking on each airplane, or the 
number of airplanes that may require repair.

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:

[[Page 60907]]

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-2023-0017; Project Identifier AD-
2022-01418-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by October 23, 2023.

(b) Affected ADs

    None.

(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 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by the potential for cracks to start in 
hidden areas underneath the scuff plates in the fuselage skin and 
bear strap of certain doors. The FAA is issuing this AD to address 
cracks caused by higher fatigue stresses at the fuselage skin door 
cutout lower corners. This unsafe condition, if not addressed, 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

    (1) For all airplanes: Except as specified by paragraph (h) of 
this AD, at the applicable times specified in the ``Compliance'' 
paragraph of Boeing Alert Requirements Bulletin 757-53A0119 RB, 
dated October 12, 2022, do all applicable actions identified in, and 
in accordance with, the Accomplishment Instructions of Boeing Alert 
Requirements Bulletin 757-53A0119 RB, dated October 12, 2022.
    (2) For Model 757-200 series airplanes that have been modified 
from a passenger to cargo configuration under VT Mobile Aerospace 
Engineering (VT MAE) STC ST04242AT: Except as specified by paragraph 
(h) of this AD, at the applicable times specified in Table 4 and 
Table 5 of the ``Compliance'' paragraph of Boeing Alert Requirements 
Bulletin 757-53A0119 RB, dated October 12, 2022, do all applicable 
actions for Group 4 identified in, and in accordance with, Table 4 
and Table 5 of the Accomplishment Instructions of Boeing Alert 
Requirements Bulletin 757-53A0119 RB, dated October 12, 2022.
    (3) For Model 757-200 series airplanes that have been modified 
from a passenger to cargo configuration under VT MAE STC ST03562AT 
or ST03952AT: Except as specified by paragraph (h) of this AD, at 
the applicable times specified in Table 5 of the ``Compliance'' 
paragraph of Boeing Alert Requirements Bulletin 757-53A0119 RB, 
dated October 12, 2022, do all applicable actions for Group 6 
identified in, and in accordance with, Table 5 of the Accomplishment 
Instructions of Boeing Alert Requirements Bulletin 757-53A0119 RB, 
dated October 12, 2022.
    Note 1 to paragraph (g): Guidance for accomplishing the actions 
required by this AD can be found in Boeing Alert Service Bulletin 
757-53A0119, dated October 12, 2022, which is referred to in Boeing 
Alert Requirements Bulletin 757-53A0119 RB, dated October 12, 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-
53A0119 RB, dated October 12, 2022, use the phrase ``the original 
issue date of Requirements Bulletin 757-53A0119 RB,'' this AD 
requires using ``the effective date of this AD.''
    (2) Where Boeing Alert Requirements Bulletin 757-53A0119RB, 
dated October 12, 2022, specifies performing a general visual 
inspection (GVI) or a maintenance records check for any existing 
repair, if only a maintenance records check is accomplished with no 
GVI, then any initial high frequency eddy current (HFEC) or low 
frequency eddy current (LFEC) inspection with a compliance time of 
before further flight must be done prior to the accumulation of 
30,000 total flight cycles, or within 3,000 flight cycles after the 
effective date of this AD, whichever occurs later.
    (3) Where Boeing Alert Requirements Bulletin 757-53A0119 RB, 
dated October 12, 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, before further flight using a method approved in 
accordance with the procedures specified in paragraph (i) of this 
AD.

(i) 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 Continued Operational 
Safety Branch, 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, 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, FAA, 3960 Paramount Boulevard, Lakewood, 
CA 90712; 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 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 757-53A0119 RB, dated 
October 12, 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 August 23, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-18839 Filed 9-5-23; 8:45 am]
BILLING CODE 4910-13-P