[Federal Register Volume 89, Number 94 (Tuesday, May 14, 2024)]
[Proposed Rules]
[Pages 41908-41912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09545]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-1287; Project Identifier AD-2023-00992-T]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2012-07-06, which applies to certain The Boeing Company Model 777 
airplanes. AD 2012-07-06 requires revising the maintenance program to 
update inspection requirements to detect fatigue cracking of principal 
structural elements. Since the FAA issued AD 2012-07-06, the FAA has 
determined that new and more restrictive airworthiness limitations are 
necessary. This proposed AD would retain the requirements of AD 2012-
07-06 until the new or more restrictive airworthiness limitations are 
incorporated. The FAA is proposing this AD to address the unsafe 
condition on these products.

DATES: The FAA must receive comments on this proposed AD by June 28, 
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.

[[Page 41909]]

     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-2024-1287; or in person at Docket Operations between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains this NPRM, any comments received, and other 
information. The street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For 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 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-2024-1287.

FOR FURTHER INFORMATION CONTACT: Luis Cortez-Muniz, Aviation Safety 
Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206-
231-3958; 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-2024-1287; Project Identifier 
AD-2023-00992-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
the 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 NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to Luis 
Cortez-Muniz, Aviation Safety Engineer, FAA, 2200 South 216th St., Des 
Moines, WA 98198; phone: 206-231-3958; 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 AD 2012-07-06, Amendment 39-17012 (77 FR 21429, 
April 10, 2012) (AD 2012-07-06), for The Boeing Company Model 777-200, 
-200LR, -300, -300ER, and 777F series airplanes with an original 
airworthiness certificate or original export certificate of 
airworthiness issued before September 1, 2010. AD 2012-07-06 was 
prompted by a new revision to the airworthiness limitations (AWLs) of 
the maintenance planning document (MPD). AD 2012-07-06 requires 
revising the maintenance program to update inspection requirements to 
detect fatigue cracking of principal structural elements (PSEs). The 
agency issued AD 2012-07-06 to ensure that fatigue cracking of various 
PSEs is detected and corrected; such fatigue cracking could adversely 
affect the structural integrity of these airplanes. AD 2012-07-06 does 
not apply to airplanes with an original airworthiness certificate or 
original export certificate of airworthiness issued on or after 
September 1, 2010, since those airplanes were delivered with 
Instructions for Continued Airworthiness containing the AWLs mandated 
by AD 2012-07-06.

Actions Since AD 2012-07-06 Was Issued

    Since the FAA issued AD 2012-07-06, new and more restrictive 
airworthiness limitations are necessary. The inspections and life 
limits have been updated in the latest revision to the AWLs of the MPD 
and the damage tolerance rating (DTR) Check Form Document. The DTR 
document defines inspection options and the damage tolerance ratings 
necessary to develop the structural inspections required by the AWLs. 
Airplanes with an original airworthiness certificate or original export 
certificate of airworthiness issued after January 5, 2024, were 
delivered with Instructions for Continued Airworthiness containing 
these new and revised requirements.

FAA's Determination

    The FAA is issuing this NPRM after determining that the unsafe 
condition described previously is likely to exist or develop on other 
products of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Section 9, Airworthiness Limitations (AWLs) and 
Certification Maintenance Requirements (CMRs), D622W001-9, Revision 
December 2022, of the Boeing 777-200/200LR/300/300ER/777F Maintenance 
Planning Data (MPD) Document. Subsection B, Airworthiness Limitations-
Structural Inspections and Subsection C, Airworthiness Limitations-
Structural Safe-Life Limits, of this service information contains 
airworthiness limitations for structural inspections and structural 
life limits, among other limitations.
    The FAA also reviewed Boeing 777-200/200LR/300/300ER/777F Damage 
Tolerance Rating (DTR) Check Form Document, D622W001-DTR, dated 
December 2022. This service information provides the DTR check forms 
and the procedure for their use.
    This proposed AD would also require Section 9, ``Airworthiness 
Limitations (AWLs) and Certification Maintenance Requirements (CMRs),'' 
D622W001-9, Revision July 2011, of the Boeing 777 MPD Document, which 
the Director of the Federal Register approved for incorporation by 
reference as of May 15, 2012 (77 FR 21429, April 10, 2012).
    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 the ADDRESSES section.

Proposed AD Requirements in This NPRM

    For airplanes with an original airworthiness certificate or 
original export certificate of airworthiness issued before September 1, 
2010, this proposed AD would retain all the requirements of AD 2012-07-
06. For airplanes with an original airworthiness certificate or 
original export certificate of airworthiness issued before January 4,

[[Page 41910]]

2024, this proposed AD would require revising the existing maintenance 
or inspection program to incorporate new and more restrictive 
airworthiness limitations, which would then terminate the retained 
requirements of AD 2012-07-06. This proposed AD would also require 
sending inspection results to Boeing.

Differences Between This Proposed AD and the Service Information

    This proposed AD would require that the reports specified in 
Section 9, Airworthiness Limitations (AWLs) and Certification 
Maintenance Requirements (CMRs), D622W001-9, Revision December 2022, of 
the Boeing 777-200/200LR/300/300ER/777F Maintenance Planning Data (MPD) 
Document; and Boeing 777-200/200LR/300/300ER/777F Damage Tolerance 
Rating (DTR) Check Form Document, D622W001-DTR, dated December 2022, be 
submitted within 10 days after the airplane is returned to service, 
instead of 10 days after each individual finding as specified in the 
documents.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 325 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:
    The FAA estimates the total cost per operator for the retained 
actions from AD 2012-07-06 to be $7,650 (90 work-hours x $85 per work-
hour).
    The FAA has determined that revising the existing maintenance or 
inspection program takes an average of 90 work-hours per operator, 
although the FAA recognizes that this number may vary from operator to 
operator. Since operators incorporate maintenance or inspection program 
changes for their affected fleet(s), the FAA has determined that a per-
operator estimate is more accurate than a per-airplane estimate.
    The FAA estimates the total cost per operator for the new proposed 
actions to be $7,650 (90 work x hours x $85 per work-hour).

                                               On-Condition Costs
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                                                                                                     Cost per
                  Action                                Labor cost                 Parts cost        product
----------------------------------------------------------------------------------------------------------------
Reporting.................................  1 work-hour x $85 per hour = $85..              $0              $85
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Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to a penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a currently valid OMB Control Number. The OMB 
Control Number for this information collection is 2120-0056. Public 
reporting for this collection of information is estimated to be 
approximately 1 hour per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, completing and reviewing the collection of 
information. All responses to this collection of information are 
mandatory. Send comments regarding this burden estimate or any other 
aspect of this collection of information, including suggestions for 
reducing this burden to: Information Collection Clearance Officer, 
Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 
76177-1524.

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 has 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 that the 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:
0
a. Removing Airworthiness Directive (AD) 2012-07-06, Amendment 39-17012 
(77 FR 21429, April 10, 2012), and
0
b. Adding the following new AD:

The Boeing Company: Docket No. FAA-2024-1287; Project Identifier AD-
2023-00992-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by June 28, 2024.

(b) Affected ADs

    This AD replaces AD 2012-07-06, Amendment 39-17012 (77 FR 21429, 
April 10, 2012) (AD 2012-07-06).

(c) Applicability

    This AD applies to The Boeing Company Model 777-200, -200LR, -
300, -300ER, and 777F series airplanes, certificated in any

[[Page 41911]]

category, with an original airworthiness certificate or original 
export certificate of airworthiness issued before January 5, 2024.

(d) Subject

    Air Transport Association (ATA) of America Code27, Flight 
Controls; 28, Fuel; 32, Landing Gear; 52, Doors; 53, Fuselage; 54, 
Nacelles/Pylons; 55, Stabilizers; 57, Wings.

(e) Unsafe Condition

    This AD was prompted by new revisions to the airworthiness 
limitations of the maintenance planning document and damage 
tolerance rating check form document. The FAA is issuing this AD to 
address fatigue cracking of various principal structural elements. 
The 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) Retained Revision of Maintenance Program With No Changes

    This paragraph restates the requirements of paragraph (g) of AD 
2012-07-06, with no changes. For airplanes with an original 
airworthiness certificate or original export certificate of 
airworthiness issued before September 1, 2010: Comply with the 
requirements of paragraphs (g)(1) through (3) of this AD. 
Accomplishing the revision of the existing maintenance or inspection 
program required by paragraph (i) of this AD terminates the 
requirements of this paragraph.
    (1) Within 12 months after May 15, 2012 (the effective date of 
AD 2012-07-06), revise the maintenance program by incorporating the 
information in Subsection B, Airworthiness Limitations-Structural 
Inspections, of Section 9, ``Airworthiness Limitations (AWLs) and 
Certification Maintenance Requirements (CMRs),'' D622W001-9, 
Revision July 2011, of the Boeing 777 Maintenance Planning Data 
(MPD) Document, except as provided by paragraph (h) of this AD.
    (2) The initial compliance time for the inspections is within 
the applicable times specified in Subsection B, Airworthiness 
Limitations-Structural Inspections, of Section 9, of ``Airworthiness 
Limitations (AWLs) and Certification Maintenance Requirements 
(CMRs),'' D622W001-9, Revision July 2011, of the Boeing 777 
Maintenance Planning Data (MPD) Document, or within 18 months after 
May 15, 2012 (the effective date of AD 2012-07-06), whichever occurs 
later, or within the applicable time specified in Subsection B, 
Airworthiness Limitations-Structural Inspections, of Section 9, 
``Airworthiness Limitations (AWLs) and Certification Maintenance 
Requirements (CMRs),'' D622W001-9, Revision July 2011, of the Boeing 
777 Maintenance Planning Data (MPD) Document, from the time of 
installation for new parts.
    (3) Reports specified in Section 9, ``Airworthiness Limitations 
(AWLs) and Certification Maintenance Requirements (CMRs),'' 
D622W001-9, Revision July 2011, of the Boeing 777 Maintenance 
Planning Data (MPD) Document may be submitted within 10 days after 
the airplane is returned to service, instead of 10 days after each 
individual finding as specified in this document.

(h) Retained Alternative Inspections and Inspection Intervals With an 
Additional Exception

    This paragraph restates the requirements of paragraph (h) of AD 
2012-07-06, with an additional exception. After accomplishing the 
actions required by paragraph (g) of this AD, no alternative 
inspections or inspection intervals may be used unless the 
alternative inspection or interval is required by paragraph (i) of 
this AD or approved as an alternative method of compliance (AMOC) in 
accordance with the procedures specified in paragraph (k) of this 
AD.

(i) Revision of Maintenance or Inspection Program

    (1) Within 12 months after the effective date of this AD, revise 
the existing maintenance or inspection program by incorporating the 
information in Subsection B, Airworthiness Limitations-Structural 
Inspections and Subsection C, Airworthiness Limitations-Structural 
Safe-Life Limits, of Section 9, Airworthiness Limitations (AWLs) and 
Certification Maintenance Requirements (CMRs), D622W001-9, Revision 
December 2022, of the Boeing 777-200/200LR/300/300ER/777F 
Maintenance Planning Data (MPD) Document; and in Boeing 777-200/
200LR/300/300ER/777F Damage Tolerance Rating (DTR) Check Form 
Document, D622W001-DTR, dated December 2022.
    (2) The initial compliance time for the tasks is within the 
applicable times specified in Subsection B, Airworthiness 
Limitations-Structural Inspections and Subsection C, Airworthiness 
Limitations-Structural Safe-Life Limits, of Section 9, Airworthiness 
Limitations (AWLs) and Certification Maintenance Requirements 
(CMRs), D622W001-9, Revision December 2022, of the Boeing 777-200/
200LR/300/300ER/777F MPD Document; and in Boeing 777-200/200LR/300/
300ER/777F DTR Check Form Document, D622W001-DTR, dated December 
2022, or within 12 months after the effective date of this AD, 
whichever occurs later.
    (3) Reports specified in Section 9, Airworthiness Limitations 
(AWLs) and Certification Maintenance Requirements (CMRs), D622W001-
9, Revision December 2022, of the Boeing 777-200/200LR/300/300ER/
777F MPD Document; and in Boeing 777-200/200LR/300/300ER/777F DTR 
Check Form Document, D622W001-DTR, dated December 2022 may be 
submitted within 10 days after the airplane is returned to service, 
instead of 10 days after each individual finding as specified in the 
documents.

(j) Alternative Inspections and Inspection Intervals

    After accomplishing the actions required by paragraph (i) of 
this AD, no alternative inspections or inspection intervals may be 
used unless the alternative inspection or interval is approved as an 
AMOC in accordance with the procedures specified in paragraph (k) of 
this AD.

(k) 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 (l) 
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, FAA, to make those 
findings. To be approved, the repair method, modification deviation, 
or alteration deviation must meet the certification basis of the 
airplane, and the approval must specifically refer to this AD.
    (4) AMOCs approved for AD 2012-07-06 are approved as AMOCs for 
the corresponding provisions of paragraph (g) of this AD.
    (5) AMOCs approved for repairs and alterations for AD 2012-07-06 
are approved as AMOCs for the corresponding provisions of paragraph 
(i) of this AD. All other AMOCs approved for AD 2012-07-06 are not 
approved as AMOCs for the corresponding provisions of paragraph (i) 
of this AD.

(l) Related Information

    For more information about this AD, contact Luis Cortez-Muniz, 
Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA 
98198; phone: 206-231-3958; email: [email protected].

(m) 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 this AD specifies otherwise.
    (3) The following service information was approved for IBR on 
[DATE 35 DAYS AFTER PUBLICATION OF THE FINAL RULE].
    (i) Section 9, Airworthiness Limitations (AWLs) and 
Certification Maintenance Requirements (CMRs), D622W001-9, Revision 
December 2022, of the Boeing 777-200/200LR/300/300ER/777F 
Maintenance Planning Data (MPD) Document.
    (ii) Boeing 777-200/200LR/300/300ER/777F Damage Tolerance Rating 
(DTR) Check Form Document, D622W001-DTR, dated December 2022.
    (4) The following service information was approved for IBR on 
May 15, 2012 (77 FR 21429, April 10, 2012).

[[Page 41912]]

    (i) Section 9, ``Airworthiness Limitations (AWLs) and 
Certification Maintenance Requirements (CMRs),'' D622W001-9, 
Revision July 2011, of the Boeing 777 Maintenance Planning Data 
(MPD) Document.
    (ii) [Reserved]
    (5) 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.
    (6) 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.
    (7) 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 26, 2024.
James D. Foltz,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-09545 Filed 5-13-24; 8:45 am]
 BILLING CODE 4910-13-P