[Federal Register Volume 89, Number 83 (Monday, April 29, 2024)]
[Proposed Rules]
[Pages 33294-33297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09019]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1488; Project Identifier AD-2023-00182-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 certain The Boeing Company Model 757-200, -200CB, and -
200PF series airplanes. This action revises the NPRM by adding 
airplanes to the applicability. 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 13, 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-2023-1488; 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 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-2023-1488.

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-2023-1488; Project Identifier 
AD-2023-00182-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, 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 The Boeing Company Model 757-200, -200CB, and -200PF 
series airplanes. The NPRM published in the Federal Register on August 
4, 2023 (88 FR 51745). The NPRM was prompted by a report of cracks 
found at the main deck cargo door cutout forward and aft hinge 
attachment holes. In the NPRM, the FAA proposed to require a 
maintenance record check for repairs at the forward and aft hinge areas 
of the main deck cargo door cutout; repetitive open-hole high frequency 
eddy current (HFEC) inspections for cracks in the unrepaired areas of 
the bear strap, skin, doubler, and upper sill chord at the main deck 
cargo door forward and aft hinge attachment holes; and corrective 
actions including obtaining and following procedures for alternative 
inspections and crack repairs.

Actions Since the NPRM Was Issued

    Since the FAA issued the NPRM, the FAA determined that airplanes 
that have been modified from a passenger to a freighter configuration 
using VT Mobile Aerospace Engineering (VT MAE) Supplemental Type 
Certificate (STC) ST03562AT, ST03952AT, or ST04242AT were inadvertently 
omitted in the NPRM.

Comments

    The FAA received comments from VT MAE, FedEx Express (FedEx), 
United Parcel Service (UPS), Boeing, Aviation Partners Boeing (APB), 
and two individuals. The following presents the comments received on 
the NPRM and the FAA's response to each comment.

[[Page 33295]]

Effect of Winglets on Accomplishment of the Proposed Actions

    APB stated that accomplishing STC ST01518SE on 757-200 passenger 
airplanes that have been converted to freighters using Boeing STC 
ST00916WI-D does not affect the actions specified in the proposed rule.
    The FAA agrees with the commenter. The FAA has redesignated 
paragraph (c) of the proposed AD as paragraph (c)(1) of this proposed 
AD and added paragraph (c)(2) of this proposed AD to state that 
installation of STC ST01518SE does not affect the ability to accomplish 
the actions required by this proposed AD. Therefore, for airplanes on 
which APB 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 Add Actions for Certain Airplanes

    FedEx asked for clarification regarding what actions should be done 
on its fleet. FedEx noted that its airplanes were converted to 
freighters using VT MAE STC ST03562AT and were not included in the 
proposed AD due to this conversion. FedEx stated that the intent of the 
proposed AD applies to its fleet since the STC is based on the design 
of Boeing 757-200 special freighter (SF) airplanes. VT MAE noted that 
the installation of the main deck cargo door hinge using VT MAE STCs 
ST03562AT, ST03952A, and ST04242AT is identical to Boeing 757-200 SF 
airplanes (those converted using Boeing STC ST00916WI-D). FedEx and VT 
MAE proposed to use the actions and compliance times specified for 
Group 2 airplanes as identified in Boeing Alert Requirements Bulletin 
757-53A0106 RB, dated January 3, 2023, for airplanes modified under one 
of the specified VT MAE STCs. The commenters noted that this would 
include an initial action time related to the time since the aircraft 
was converted to a freighter.
    The FAA agrees that the 757-200 airplanes that have been modified 
under VT MAE STCs ST03562AT, ST03952AT, and ST04242AT are affected by 
the identified unsafe condition and has revised paragraph (c)(1) of 
this proposed AD to include airplanes modified using those STCs. At 
this time, whether the VT MAE and Boeing STCs are identical in the 
areas affected by this proposed AD or using the compliance methods and 
times for Group 2 airplanes adequately addresses the identified unsafe 
condition has not been determined. Therefore, the FAA has redesignated 
paragraph (g) of the proposed AD as paragraph (g)(1) of this proposed 
AD and added paragraph (g)(2) of this proposed AD to specify the 
applicable compliance times and actions for those airplanes. However, 
under the provisions of paragraph (i) of this AD, the FAA will consider 
requests for alternative compliance times or methods if sufficient data 
are provided to substantiate the request. The FAA is seeking comments 
on the applicable compliance time and actions for airplanes modified 
with one of the identified VT MAE STCs. The applicable compliance times 
and actions for those airplanes may change depending upon comments and 
data the FAA may receive and review.

Request for Additional Information on Requirements and Unsafe Condition

    Two individuals requested that the proposed AD specify the location 
and size of the liner holes that need to be inspected, as well as the 
acceptable tolerance for the hole diameter and the plug fit; guidance 
on how to repair cracks if they are found, such as the type and size of 
the fasteners, sealants, and patches to be used; a compliance time for 
the inspections and repairs, based on the number of flight cycles and 
flight hours of the airplane; and the reason for the unplugged liner 
holes and how they cause stress concentration and cracks. The 
commenters stated that this information would help operators to perform 
the inspections more accurately and consistently, ensure that the 
repairs are done in accordance with the Boeing standards and 
specifications, prioritize the most critical aircraft while preventing 
further crack propagation, and educate operators and maintenance 
personnel on how to prevent the problem.
    The FAA agrees to clarify. The inspection requirements, compliance 
times, and repair instructions are addressed in Boeing Alert 
Requirements Bulletin 757-53A0106 RB, dated January 3, 2023, which is 
mandated by paragraph (g) of this proposed AD. This service information 
is available in the docket for interested parties. Additionally, the 
NPRM provided details on the cause of the identified unsafe condition 
and how to address it. No change is necessary to this proposed AD.

Request To Require Replacement of Skin Panel Under Certain Conditions

    The individual commenters suggested that the proposed AD should 
specify that if the cracks exceed a specified maximum allowable length 
or maximum allowable width, as specified in the Boeing 757 Structural 
Repair Manual, then the affected area must be replaced with a new 
section of skin panel. The commenters added that the replacement 
procedure must follow any instructions and drawings provided by Boeing, 
the new section must be inspected for proper installation and fit, and 
the replacement must be done before further flight. One individual 
stated that the repair should be universal for all affected models.
    The FAA does not agree with the commenters' request. If any crack 
is found, this proposed AD requires repairing it; there is no maximum 
allowable length or width for cracking. The crack repair instructions 
are addressed in Boeing Alert Requirements Bulletin 757-53A0106 RB, 
dated January 3, 2023, which is required by paragraph (g) of this 
proposed AD. If an operator finds any cracks, they must follow the 
procedures outlined in paragraph (h)(2) of this proposed AD to obtain 
customized repair instructions. No change is necessary to this proposed 
AD.

Request To Clarify Repairs Requiring Additional Actions

    UPS requested that the FAA clarify the proposed AD regarding the 
repairs found during the required maintenance record check. UPS noted 
that Boeing Alert Requirements Bulletin 757-53A0106 RB, dated January 
3, 2023, requires a maintenance record check for ``any repair'' at the 
forward and aft hinge areas of the main deck cargo door cutout. UPS 
stated that Boeing 757-200PF Structural Repair Manual (SRM) 53-00-01-
1A-1 allows for smooth dents, edge and surface blends, and rivet 
plugging of lightning strike or small hole damage in accordance with 
SRM 53-00-01-2R-6. UPS added that rivet plugs using solid rivets are a 
Category A repair with no supplemental inspections, so any repairs 
within the SRM allowable limits and small damage repair do not 
appreciably affect damage tolerance of the fuselage skin at the door 
cutout and surround structure. Additionally, UPS noted the potential 
for non-reinforcing repairs (dents, blends, etc.) that are beyond SRM 
allowable limits but approved by Boeing to remain as-is without 
supplemental inspections. UPS stated that it believes the intent of the 
maintenance record check is to identify and report existing reinforcing 
and freeze plug repairs in the inspection areas that may affect damage 
tolerance of the skin and door surround structure. UPS added that 
Boeing confirmed this intent in Boeing Message SRID 4-5882455484. UPS 
therefore requested that the proposed

[[Page 33296]]

AD be revised to require using ``any reinforcing or freeze plug 
repair'' in lieu of ``any repair.''
    The FAA does not agree 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. No change is necessary to this proposed AD.

Request To Revise Certain Wording

    Boeing requested the FAA to revise the Background section and 
paragraph (e) of the proposed AD to clarify the affected structure and 
align the wording with the service information. Boeing requested that 
verbiage regarding what prompted the proposed AD be revised to specify 
``cargo deck cutout'' rather than ``cargo deck.'' Boeing also requested 
that verbiage regarding the possible effects of undetected cracks be 
revised to specify ``cargo door hinge area'' rather than ``cargo door 
hinge.''.
    The FAA agrees with the commenter's request. The FAA has revised 
the Background section and paragraph (e) of this proposed AD 
accordingly.

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 757-53A0106 RB, 
dated January 3, 2023. This service information specifies procedures 
for a maintenance record check for repairs at the forward and aft hinge 
areas of the main deck cargo door cutout; repetitive open-hole HFEC 
inspections for cracks in the unrepaired areas of the bear strap, skin, 
doubler, and upper sill chord at the main deck cargo door forward and 
aft hinge attachment holes; and corrective actions including obtaining 
and following procedures for alternative inspections and crack repairs.
    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-2023-1488.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 564 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
----------------------------------------------------------------------------------------------------------------
Maintenance record check.........  1 work-hour * x $85              $0  $85................  $47,940
                                    per hour = $85.
HFEC inspections.................  26 work-hours x $85               0  2,210 per            1,246,440 per
                                    per hour = $2,210,                   inspection cycle.    inspection cycle
                                    per inspection
                                    cycle.
----------------------------------------------------------------------------------------------------------------
* The time to do the maintenance record check will vary by operator but would likely take no more than 1 work-
  hour per airplane.

    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition actions 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-2023-1488; Project Identifier AD-
2023-00182-T.

[[Page 33297]]

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by June 13, 2024.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to The Boeing Company Model 757-200, -200CB, 
and -200PF series airplanes specified in paragraph (c)(1)(i) or (ii) 
of this AD, certificated in any category.
    (i) Airplanes identified in Boeing Alert Requirements Bulletin 
757-53A0106 RB, dated January 3, 2023.
    (ii) Airplanes converted to a freighter configuration using VT 
MAE Supplemental Type Certificate (STC) ST03562AT, ST03952AT, or 
ST04242AT.
    (2) 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.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a report indicating an operator has 
found cracks on three Model 757-200PF airplanes at the main deck 
cargo door cutout forward and aft hinge attachment holes. The FAA is 
issuing this AD to detect and correct cracks in the main deck cargo 
door hinge area. Undetected cracks in the main deck cargo door hinge 
area could result in reduced structural integrity of the aircraft.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Actions

    (1) For the airplanes identified in paragraph (c)(1)(i) of this 
AD: Except as specified by paragraph (h) of this AD, at the 
applicable times specified in the ``Compliance'' paragraph of Boeing 
Alert Requirements Bulletin 757-53A0106 RB, dated January 3, 2023, 
do all applicable actions identified in, and in accordance with, the 
Accomplishment Instructions of Boeing Alert Requirements Bulletin 
757-53A0106 RB, dated January 3, 2023.
    Note 1 to paragraph (g)(1): Guidance for accomplishing the 
actions required by this AD can be found in Boeing Alert Service 
Bulletin 757-53A0106, dated January 3, 2023, which is referred to in 
Boeing Alert Requirements Bulletin 757-53A0106 RB, dated January 3, 
2023.
    (2) For the airplanes identified in paragraph (c)(1)(ii) of this 
AD: Within 30 days after the effective date of this AD, do a 
maintenance record check for any repair at the forward and aft hinge 
areas of the main deck cargo door cutout and obtain inspection 
instructions and applicable repair instructions using a method 
approved by the Manager, AIR-520, Continued Operational Safety 
Branch, FAA. Comply with all applicable instructions at the time 
specified in the instructions.

(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-
53A0106 RB, dated January 3, 2023, use the phrase the original issue 
date of Requirements Bulletin 757-53A0106 RB, this AD requires using 
the effective date of this AD.
    (2) Where Boeing Alert Requirements Bulletin 757-53A0106 RB, 
dated January 3, 2023, specifies contacting Boeing for repair 
instructions or for alternative inspections, this AD requires doing 
the repair, or doing the alternative inspections and applicable on-
condition actions using a method approved in accordance with the 
procedures specified in paragraph (i) of this AD.

(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, 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 757-53A0106 RB, dated 
January 3, 2023.
    (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 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 23, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-09019 Filed 4-26-24; 8:45 am]
BILLING CODE 4910-13-P