[Federal Register Volume 89, Number 78 (Monday, April 22, 2024)]
[Proposed Rules]
[Pages 29274-29277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08392]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 89, No. 78 / Monday, April 22, 2024 /
Proposed Rules
[[Page 29274]]
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 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
would have applied to certain The Boeing Company Model 757-200, -200CB,
and -200PF series airplanes. This action revises the NPRM by revising
the compliance times for certain airplanes. 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
that in the NPRM, the FAA is requesting comments on this SNPRM.
DATES: The FAA must receive comments on this SNPRM by June 6, 2024.
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 SNPRM, any comments received, and other
information. The street address for Docket Operations is listed above.
Material Incorporated by Reference:
For Boeing material, 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 material 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,
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 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 Wayne Ha, Aviation Safety Engineer, 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 issued an NPRM to amend 14 CFR part 39 by adding an AD that
would apply to certain The Boeing Company Model 757-200, -200CB, and -
200PF series airplanes. The NPRM published in the Federal Register on
July 24, 2023 (88 FR 47402). The NPRM 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. In the
NPRM, the FAA proposed to 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.
Actions Since the NPRM Was Issued
Since the FAA issued the NPRM, it was determined that the
repetitive inspection intervals for airplanes that were modified by
Aviation Partners Boeing (APB) supplemental type certificate (STC)
ST01518SE need to be revised.
Comments
The FAA received comments from United Airlines who supported the
NPRM without change.
The FAA received additional comments from APB, Federal Express
[[Page 29275]]
(FedEx), Boeing, and United Parcel Service (UPS). The following
presents the comments received on the NPRM and the FAA's response to
each comment.
Limited Organization Designation Authorization (ODA) Approvals
APB stated that Boeing does not have a delegation to approve
repairs in areas affected by the scimitar blended winglet configuration
of STC ST01518SE. APB also commented that approval by The Boeing
Company ODA, as specified in paragraph (i)(3) of the proposed AD, may
not be given for an alternative method of compliance (AMOC) for
alternative inspections and corrective actions in those areas, but such
approval must be obtained as specified in paragraph (i)(1) of the
proposed AD.
The FAA acknowledges and concurs with APB's assertions. However, no
change to this proposed AD is necessary. Paragraph (h)(2) of this
proposed AD states that AMOC approval be obtained using a method
approved in accordance with the procedures specified in ``paragraph
(i)'' of this proposed AD, and does not limit approvals to the
provisions of paragraph (i)(1) or (3) of this proposed AD. Therefore,
AMOC approval in accordance with paragraph (i)(1) or (3) of this
proposed AD would be provided based on whether the actions needing an
AMOC apply to the APB design or the Boeing design.
Request for Changing an Exception
APB requested changing the wording in paragraph (h)(3) of the
proposed AD to clarify that it applies to airplanes with winglet
structural provisions (original equipment manufacturer (OEM) wingtips
installed) or APB winglets installed in accordance with STC ST01518SE.
APB stated the compliance time exception in paragraph (h)(3) of the
proposed AD are identical to the exceptions proposed by APB in a
service bulletin submitted to the FAA for approval. APB noted that if
the compliance time exceptions are adopted as proposed, paragraph
(h)(3) of the proposed AD would eliminate the need for APB to publish
supplemental service information.
The FAA agrees the compliance times should be the same for all
airplanes that have been modified using STC ST01518SE. However, there
is no FAA-approved APB service bulletin to address the unsafe
condition, nor does the FAA have adequate justification to allow the
repetitive inspection interval specified in the NPRM. Therefore, the
FAA has revised paragraph (h)(3) of this proposed AD to specify that,
for all airplanes modified using STC ST01518SE the compliance times
must be divided by a factor of two. Under the provisions of paragraph
(i) of this proposed AD, the FAA will consider requests for approval of
alternative actions and compliance times if sufficient data are
submitted to substantiate that the change would provide an acceptable
level of safety.
Request To Change Requirements for Certain Airplanes
FedEx requested the proposed AD be revised to allow using
alternative compliance methods and times for its airplanes. FedEx noted
that its 757 fleet has been modified using VT MAE STC ST03562AT, which
adds a main deck cargo door to the aircraft. FedEx requested
modifications to the requirements for Groups 1, 2, and 3 airplanes,
allowing it to use alternative figures, repetitive intervals, and
compliance methods.
The FAA disagrees with the request because the commenter did not
provide adequate substantiation that using the proposed alternative
compliance methods and times adequately addresses the identified unsafe
condition. However, under the provisions of paragraph (i) of this
proposed AD, the FAA will consider requests for approval of alternative
compliance methods or times if sufficient data are submitted to
substantiate that the new compliance methods and times would provide an
acceptable level of safety. The FAA has not changed this proposed AD in
this regard.
Request for Change to Related Service Information Under 1 CFR Part 51
Boeing requested the FAA revise a sentence in the Related Service
Information under 1 CFR part 51 to read as follows: ``. . . for
repetitive high frequency eddy current (HFEC) and low frequency eddy
current (LFEC) inspections for cracking of the upper frames and splice
doublers at the frame splices.'' Boeing noted that, for airplanes in
Group 4, 5, and 6, it is a requirement to inspect both the frame and
splice doublers. Boeing stated the proposed change will clarify that
inspection of the splice doublers is required for some airplanes.
The FAA agrees with the commenter for the reasons provided and has
revised the proposed AD accordingly.
Request To Clarify Repairs Requiring Additional Action
UPS requested that the FAA clarify the proposed AD regarding the
repairs found during the required general visual inspection (GVI) or
maintenance records review. UPS stated Boeing Alert Requirements
Bulletin 757-53A0115 RB, dated January 25, 2022, does not fully define
``any repair.'' UPS stated that Boeing 757-200PF Structural Repair
Manual (SRM) 53-00-01-1A-1 allows for smooth dents, edge and surface
blends, and plugging of removed damage areas in the frame web within
the affected inspection area. UPS added that the repairs within the SRM
allowable limits have no supplemental inspections, so such repairs do
not appreciably affect damage tolerance of the fuselage frames. UPS
stated that it believes the intent of the GVI or maintenance records
review is to identify and report existing reinforcing repairs that may
affect damage tolerance of the frame. UPS therefore requested the
addition of paragraph (h)(4) of the proposed AD, stating ``Where Boeing
Alert Requirements Bulletin 757-53A0115 RB, dated January 25, 2022,
uses the phrase ``any repair,'' this AD requires using ``any
reinforcing repair.''
The FAA disagrees with the commenter's request. The FAA has no way
of knowing the type or extent of repairs that might be on a given
airplane or how those repairs would impact the actions required by this
AD. Therefore, any existing repair, including any non-reinforced
repair, needs to be evaluated for any potential effect on the
inspection requirements. The FAA has not changed this proposed AD in
this regard.
FAA's Determination
The FAA is proposing this AD 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 757-53A0115 RB,
dated January 25, 2022. This service information specifies procedures
for a 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 HFEC and
LFEC inspections for cracking of the upper frames and splice doublers
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.
[[Page 29276]]
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-2023-1053.
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
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Cost on U.S.
Action Labor cost Parts cost Cost per product operators
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GVI.............................. 2 work-hours x $85 $0 $170 per inspection $77,520 per
per hour = $170 cycle. inspection cycle.
per inspection
cycle.
Repetitive Inspections........... Up to 267 work-hour 0 Up to $22,695 per Up to $10,348,920
x $85 per hour = inspection cycle. per inspection
Up to $22,695 per cycle.
inspection cycle.
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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 June 6, 2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company Model 757-200, -200CB, and
-200PF series 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
[[Page 29277]]
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 airplanes on which winglet structural provisions
(original equipment manufacturer (OEM) wingtips) or Aviation
Partners Boeing (APB) winglets have been installed in accordance
with APB Supplemental Type Certificate (STC) ST01518SE: This AD
requires dividing the applicable compliance times and repeat
intervals specified in the ``Compliance'' paragraph of Boeing
Requirements Bulletin 757-53A0115 RB, dated January 25, 2022, by a
factor of two.
(i) Alternative Methods of Compliance (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 certification office,
send it to the attention of the person identified in paragraph
(j)(1) 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, 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 address specified in
paragraph (k)(3) 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 Boeing service information, 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 material 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 material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].
Issued on April 16, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-08392 Filed 4-19-24; 8:45 am]
BILLING CODE 4910-13-P