[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
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 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).

-----------------------------------------------------------------------

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
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------

    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