[Federal Register Volume 88, Number 66 (Thursday, April 6, 2023)]
[Proposed Rules]
[Pages 20438-20441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07009]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0816; Project Identifier AD-2022-00355-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 747-8 and -8F series 
airplanes. This action revises the NPRM by revising certain compliance 
times. 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 comment period for the NPRM published in the Federal 
Register on September 8, 2022 (87 FR 54917), is reopened.
    The FAA must receive comments on this SNPRM by May 22, 2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow 
the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-0816; 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-2022-0816.

FOR FURTHER INFORMATION CONTACT: Stefanie Roesli, Aerospace Engineer, 
Airframe Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des 
Moines, WA 98198; phone: 206-231-3964; 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-2022-0816; Project Identifier 
AD-2022-00355-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

[[Page 20439]]

of this SNPRM. Submissions containing CBI should be sent to Stefanie 
Roesli, Aerospace Engineer, Airframe Section, FAA, Seattle ACO Branch, 
2200 South 216th St., Des Moines, WA 98198; phone: 206-231-3964; 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 747-8 and -8F series 
airplanes. The NPRM published in the Federal Register on September 8, 
2022 (87 FR 54917). The NPRM was prompted by reports of cracking in 
stringers and splice fittings located at stringer splices at multiple 
body stations. In the NPRM, the FAA proposed to require an inspection 
of each free flange of the stringers at the stringer splice for the 
presence of radius fillers at fastener locations, an inspection for 
cracking of the stringers and stringer splice fittings at certain 
stringer splice locations, and applicable on-condition actions.

Actions Since the NPRM Was Issued

    Since the FAA issued the NPRM, the FAA has received additional 
reports of cracked stringers, with a total of 595 cracked stringers 
reported since the issue was initially evaluated in 2020. In May 2022, 
cracked stringers were found in a location where the previously 
repaired stringer location had accumulated zero flight cycles (FC) 
since the repair. Due to the large number of crack findings and the 
unknown long-term reliability of repairs, combined with airplanes with 
low utilization rates that may not reach the initial compliance time in 
the NPRM (before 12,000 total flight cycles or within 38 months after 
the effective date of this AD, whichever occurs later) for an extended 
period of time, the FAA determined that it is necessary to add a 
calendar-based compliance time for certain actions. The FAA has 
therefore determined that a more appropriate compliance time for the 
initial inspections is before 12,000 total FC, or within 8 years after 
the date of issuance of the original certificate of airworthiness or 
the original export certificate of airworthiness, whichever occurs 
first; or within 38 months after the effective date of this AD; 
whichever occurs later. The FAA has also determined that a calendar-
based compliance time should be added to the repeat inspection 
intervals too.

Comments

    The FAA received comments from two commenters, including Air Line 
Pilots Association, International (ALPA) and Boeing, who supported the 
NPRM without change.
    The FAA received additional comments from a commenter, United 
Parcel Service (UPS), who supported the NPRM and had additional 
comments. The following presents the comments received on the NPRM and 
the FAA's response to each comment.

Request for Revisions in the Costs of Compliance

    UPS requested that the Costs of Compliance section be revised to 
better represent the full economic impact to operators. UPS stated that 
there are 40 locations on a Model 747-8F airplane where multiple 
inspections would be performed, and any of those locations could need 
repair. UPS pointed out that the Estimated Costs table provides a cost 
estimate as if inspections were required only at one location. UPS 
suggested revising the Estimated Costs table to, at a minimum, multiply 
the cost by 40. UPS also suggested revising the On Condition Cost table 
to clarify that the on-condition cost could happen in multiple 
locations if cracks or radius fillers are found.
    The FAA agrees the Costs of Compliance section could be revised to 
clarify and better represent the full cost. The Estimated Costs table 
has been revised to provide an estimate based on up to 40 inspection 
locations per airplane. The On-condition Costs table has been revised 
to clarify that those costs are per inspection location or replacement, 
as applicable.

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 747-53A2907 RB, 
dated March 3, 2022. This service information specifies procedures for 
an inspection of each free flange of the stringers at the stringer 
splice for the presence of radius fillers at fastener locations, an 
inspection for cracking of the stringers and stringer splice fittings 
at certain stringer splice locations, and applicable on-condition 
actions. On-condition actions include follow-on detailed inspections 
for cracking or the presence of radius fillers, removal or installation 
of radius fillers, and repair. This service information is reasonably 
available because the interested parties have access to it through 
their normal course of business or by the means identified in 
ADDRESSES.

Proposed AD Requirements in This SNPRM

    This proposed AD would require accomplishing the actions specified 
in the service information already described, except for any 
differences identified as exceptions in the regulatory text. For 
information on the procedures and compliance times, see this service 
information at regulations.gov by searching for and locating Docket No. 
FAA-2022-0816.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 40 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
----------------------------------------------------------------------------------------------------------------
Inspection for radius filler....  Up to 124 work-     None..............  Up to $10,540.....  Up to $421,600.
                                   hours x $85 per
                                   hour = $10,540.
Inspection for cracking.........  Up to 244 work-     None..............  Up to $20,740.....  Up to $829,600.
                                   hours x $85 per
                                   hour = $20,740.
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[[Page 20440]]

    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of the 
proposed inspection. The agency has no way of determining the number of 
aircraft that might need these actions:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
              Action                     Labor cost         Parts cost               Cost per product
----------------------------------------------------------------------------------------------------------------
Inspection for cracking or for      1 work-hour x $85               None  $85 per inspection location
 radius fillers.                     per hour = $85.
Removing radius fillers and         7 work-hours x $85              None  $595 per location
 inspection.                         per hour = $595.
Replacement of cracked splice       300 work-hours x $85            $809  $26,309 per replacement
 channel.                            per hour = $25,500.
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some or all of the costs of 
this proposed AD may be covered under warranty, thereby reducing the 
cost impact on affected operators.

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-2022-0816; Project Identifier AD-
2022-00355-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by May 22, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 747-8 and -8F series 
airplanes, certificated in any category, as identified in Boeing 
Alert Requirements Bulletin 747-53A2907 RB, dated March 3, 2022.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports of cracking in stringers and 
splice fittings located at sringer splices at multiple body 
stations. The FAA is issuing this AD to address such cracking, which 
could result in the inability of a structural element to sustain 
limit load and could affect 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 747-53A2907 RB, dated March 3, 2022, do 
all applicable actions identified in, and in accordance with, the 
Accomplishment Instructions of Boeing Alert Requirements Bulletin 
747-53A2907 RB, dated March 3, 2022.

    Note 1 to paragraph (g): Guidance for accomplishing the actions 
required by this AD can be found in Boeing Alert Service Bulletin 
747-53A2907, dated March 3, 2022, which is referred to in Boeing 
Alert Requirements Bulletin 747-53A2907 RB, dated March 3, 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 747-
53A2907 RB, dated March 3, 2022, use the phrase ``the original issue 
date of Requirements Bulletin 747-53A2907 RB,'' this AD requires 
using ``the effective date of this AD.''
    (2) Where Boeing Alert Requirements Bulletin 747-53A2907 RB, 
dated March 3, 2022, specifies contacting Boeing for repair 
instructions: This AD requires doing the repair using a method 
approved in accordance with the procedures specified in paragraph 
(i) of this AD.
    (3) Where the Compliance Time columns of the tables in the 
``Compliance'' paragraph of Boeing Alert Requirements Bulletin 747-
53A2907 RB, dated March 3, 2022, use the phrase ``Before 12,000 
total flights cycles,'' this AD requires using ``Before 12,000 total 
flight cycles, or within 8 years after the date of issuance of the 
original certificate of airworthiness or the original export 
certificate of airworthiness, whichever occurs first.''
    (4) Where the Compliance Time columns of the tables in the 
``Compliance'' paragraph of Boeing Alert Requirements Bulletin 747-
53A2907 RB, dated March 3, 2022, uses the phrase ``Within 9,600 
flight cycles after the last detailed inspection,'' this AD requires 
using ``Within 9,600 flight cycles or 8 years after the last 
detailed inspection, whichever occurs first.''
    (5) Where the Compliance Time columns of the tables in the 
``Compliance'' paragraph of Boeing Alert Requirements Bulletin 747-
53A2907 RB, dated March 3, 2022, uses the phrase ``Within 4,600 
flight cycles after the last detailed inspection,'' this AD requires 
using ``Within 4,600 flight cycles or 8 years

[[Page 20441]]

after the last detailed inspection, whichever occurs first.''

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO 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) 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, Seattle 
ACO 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

    For more information about this AD, contact Stefanie Roesli, 
Aerospace Engineer, Airframe Section, FAA, Seattle ACO Branch, 2200 
South 216th St., Des Moines, WA 98198; phone: 206-231-3964; email: 
[email protected].

(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 747-53A2907 RB, dated 
March 3, 2022.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Contractual & Data Services 
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone 562-797-1717; website myboeingfleet.com.
    (4) You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 2200 
South 216th St., Des Moines, WA. For information on the availability 
of this material at the FAA, call 206-231-3195.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on March 17, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.

[FR Doc. 2023-07009 Filed 4-5-23; 8:45 am]
BILLING CODE 4910-13-P


