Proposed Rule2023-07009
Airworthiness Directives; The Boeing Company Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 6, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 66 (Thursday, April 6, 2023)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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:
<bullet> Federal eRulemaking Portal: Go to <a href="http://regulations.gov">regulations.gov</a>. Follow
the instructions for submitting comments.
<bullet> Fax: 202-493-2251.
<bullet> 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.
<bullet> 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 <a href="http://regulations.gov">regulations.gov</a> 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:
<bullet> 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 <a href="http://myboeingfleet.com">myboeingfleet.com</a>.
<bullet> 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
<a href="http://regulations.gov">regulations.gov</a> 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:
<a href="/cdn-cgi/l/email-protection#6e1d1a0b080f00070b4000401c010b1d02072e080f0f40090118"><span class="__cf_email__" data-cfemail="c3b0b7a6a5a2adaaa6edadedb1aca6b0afaa83a5a2a2eda4acb5">[email protected]</span></a>.
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
<a href="http://regulations.gov">regulations.gov</a>, 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:
<a href="/cdn-cgi/l/email-protection#ddaea9b8bbbcb3b4b8f3b3f3afb2b8aeb1b49dbbbcbcf3bab2ab"><span class="__cf_email__" data-cfemail="374443525156595e52195919455852445b5e7751565619505841">[email protected]</span></a>. 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 <a href="http://regulations.gov">regulations.gov</a> 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
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Cost on U.S.
Action Labor cost Parts cost Cost per product operators
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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
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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.
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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: <a href="/cdn-cgi/l/email-protection#4d74600c0300601e282c39392128600c0e02600c00020e601f283c38283e393e0d2b2c2c632a223b"><span class="__cf_email__" data-cfemail="093024484744245a6c687d7d656c24484a46244844464a245b6c787c6c7a7d7a496f6868276e667f">[email protected]</span></a>.
(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:
<a href="/cdn-cgi/l/email-protection#ef9c9b8a898e81868ac181c19d808a9c8386af898e8ec1888099"><span class="__cf_email__" data-cfemail="f586819093949b9c90db9bdb879a9086999cb5939494db929a83">[email protected]</span></a>.
(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 <a href="http://myboeingfleet.com">myboeingfleet.com</a>.
(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, <a href="/cdn-cgi/l/email-protection#fb9d89d59295888b9e988f929495bb959a899ad59c948d"><span class="__cf_email__" data-cfemail="b4d2c69adddac7c4d1d7c0dddbdaf4dad5c6d59ad3dbc2">[email protected]</span></a>, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
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
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