[Federal Register Volume 88, Number 139 (Friday, July 21, 2023)]
[Proposed Rules]
[Pages 47090-47092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15292]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1214; Project Identifier AD-2023-00181-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 adopt a new airworthiness directive (AD) 
for certain The Boeing Company Model 757-200, 757-200CB, and 757-300 
airplanes. This proposed AD was prompted by cracks on both sides of the 
airplane at certain stringers. This proposed AD would require an 
inspection or a maintenance records check for existing liner holes at 
certain stringers, and applicable on-condition actions. 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 September 
5, 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-2023-1214; 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 service information identified in this NPRM, 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-2023-1214.

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-2023-1214; Project Identifier 
AD-2023-00181-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 
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 NPRM.

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 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 has received a report indicating an operator of Model 757-
200 airplanes found cracks on the left side and right side in the 
station (STA) 1640 frame web between stringer S-14 and S-15, during 
maintenance. One crack initiated at a corrosion pit in the open liner 
hole and propagated by fatigue. The crack was detected when the 
airplane had accumulated 30,181 total flight cycles and 89,042 total 
flight hours. Other cracks found initiated at an open liner hole on the 
inboard side and outboard side of the liner hole, and the airplane had 
attained 40,159 total flight cycles and 90,457 total flight hours at 
the time of detection. Boeing investigation determined that liner holes 
at the STA 1640 frame web between stringers S-14 and S-15 on some 
airplanes were not plugged, creating a stress concentration around the 
unplugged hole, which could lead to cracks. This condition, if not 
addressed, could result in the inability of a structural element to 
sustain limit load and reduced structural integrity of the airplane.

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 Boeing Alert Requirements Bulletin 757-53A0120 RB, 
dated January 17, 2022. This service information specifies procedures 
for a general visual inspection (GVI) or maintenance records check of 
the STA 1640 fuselage frame web between S-14 and S-15, left and right 
sides, for an existing liner hole, and applicable on-condition actions. 
On-condition actions

[[Page 47091]]

include repetitive surface high frequency eddy current (HFEC) 
inspections for cracks of the web around the fastener (plug), zero-
timing the liner hole, plugging the liner hole, depending on the 
airplane configuration, repetitive open-hole HFEC inspections of the 
web for cracks, and crack 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 NPRM

    This proposed AD would require accomplishing the actions specified 
in the service information already described, except as discussed under 
``Difference Between Proposed AD and Service Information,'' and except 
for any differences identified as exceptions in the regulatory text of 
this proposed AD. Zero-timing the liner hole and installing a fastener 
(plug) at the zero-time liner hole location would terminate the 
proposed repetitive inspections for that location. For information on 
the procedures and compliance times, see this service information at 
regulations.gov under Docket No. FAA-2023-1214.

Difference Between Proposed AD and Service Information

    This proposed AD would require compliance at the times specified in 
Boeing Alert Requirements Bulletin 757-53A0120 RB, dated January 17, 
2022, except for airplanes with winglets installed in accordance with 
supplemental type certificate ST01518SE. For those airplanes, this 
proposed AD would require that all specified compliance times and 
repetitive intervals be divided by a factor of 2.
    Aviation Partners Boeing (APB), the Supplemental Type Certificate 
(STC) holder for ST01518SE has not completed an evaluation to provide 
an appropriate compliance time for the inspection of airplanes with the 
STC winglets installed. The factor of 2 is a conservative factor and 
would be applicable for airplanes with APB winglets.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 419 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
              Action                        Labor cost            Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
GVI...............................  69 work-hours x $85 per                $0           $5,865       $2,457,435
                                     hour = $5,865.
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    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 on-condition actions:

                                               On-Condition Costs
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                                                                                                     Cost per
                    Action                                Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
HFEC inspections, plugging the liner hole,     2 work-hours x $85 per hour =                $5             $345
 zero-timing of plugged liner hole (per side).  $340.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost 
estimates for the crack repair 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-2023-1214; Project Identifier AD-
2023-00181-T.

[[Page 47092]]

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by September 5, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 757-200, 757-200CB, 
and 757-300 airplanes, certificated in any category, as identified 
in Boeing Alert Requirements Bulletin 757-53A0120 RB, dated January 
17, 2022.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by cracks on the left side and right side 
of the airplane at station (STA) 1640 between stringer S-14 and S-
15. The FAA is issuing this AD to address unplugged liner holes that 
could create a stress concentration around the unplugged hole and 
lead to cracks. The unsafe condition, if not addressed, could result 
in the inability of a structural element to sustain limit load 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 757-53A0120 RB, dated January 17, 2022, 
do all applicable actions identified in, and in accordance with, the 
Accomplishment Instructions of Boeing Alert Requirements Bulletin 
757-53A0120 RB, dated January 17, 2022. Actions identified as 
terminating action in Boeing Alert Requirements Bulletin 757-53A0120 
RB, dated January 17, 2022, terminate the applicable required 
actions of this AD, provided the terminating action is done in 
accordance with the Accomplishment Instructions of Boeing Alert 
Requirements Bulletin 757-53A0120 RB, dated January 17, 2022.

    Note 1 to paragraph (g):  Guidance for accomplishing the actions 
required by this AD can be found in Boeing Alert Service Bulletin 
757-53A0120, dated January 17, 2022, which is referred to in Boeing 
Alert Requirements Bulletin 757-53A0120 RB, dated January 17, 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-
53A0120 RB, dated January 17, 2022, use the phrase ``the original 
issue date of Requirements Bulletin 757-53A0120 RB,'' this AD 
requires using ``the effective date of this AD.''
    (2) Where Boeing Alert Requirements Bulletin 757-53A0120 RB, 
dated January 17, 2022, specifies contacting Boeing for repair 
instructions: This AD requires doing the repair before further 
flight using a method approved in accordance with the procedures 
specified in paragraph (i) of this AD.
    (3) For airplanes with winglets installed in accordance with 
supplemental type certificate ST01518SE: This AD requires all 
compliance times and repetitive intervals required by this AD, as 
specified in the ``Compliance'' paragraph of Boeing Alert 
Requirements Bulletin 757-53A0120 RB, dated January 17, 2022, to be 
divided by a factor of 2.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, 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) 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, Los 
Angeles ACO 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.

(j) Related Information

    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].

(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 757-53A0120 RB, dated 
January 17, 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 June 13, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-15292 Filed 7-20-23; 8:45 am]
BILLING CODE 4910-13-P


