Rule2023-10624
Airworthiness Directives; Boeing Airplanes
Primary source
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Published
May 17, 2023
Effective
June 1, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for all Boeing Model B-17E, B-17F, and B-17G airplanes. This AD was prompted by a report indicating that the left front spar lower fitting had completely separated at the wing-to-fuselage joint, and the equivalent joint on the right side of the airplane was cracked. This AD requires inspections of the wing terminal-to-spar chord joints, and repair if necessary. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 88 Issue 95 (Wednesday, May 17, 2023)</title>
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[Federal Register Volume 88, Number 95 (Wednesday, May 17, 2023)]
[Rules and Regulations]
[Pages 31469-31472]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-10624]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1048; Project Identifier AD-2023-00620-A,T;
Amendment 39-22440; AD 2023-10-04]
RIN 2120-AA64
Airworthiness Directives; Boeing Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Boeing Model B-17E, B-17F, and B-17G airplanes. This AD was prompted by
a report indicating that the left front spar lower fitting had
completely separated at the wing-to-fuselage joint, and the equivalent
joint on the right side of the airplane was cracked. This AD requires
inspections of the wing terminal-to-spar chord joints, and repair if
necessary. The FAA is issuing this AD to address the unsafe condition
on these products.
DATES: This AD is effective June 1, 2023.
The FAA must receive comments on this AD by July 3, 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> by
searching for and locating Docket No. FAA-2023-1048; 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 final rule, any
comments received, and other information. The street address for Docket
Operations is listed above.
FOR FURTHER INFORMATION CONTACT: For more information about this AD,
contact Eric Schrieber, Aerospace Engineer, Airframe Section, FAA,
Airframe Section, West Certification Branch, 3960 Paramount Boulevard,
Lakewood, CA 90712-4137; phone 562-627-5348; email
<a href="/cdn-cgi/l/email-protection#aaefd8c3c984f9c9c2d8c3cfc8cfd8eacccbcb84cdc5dc"><span class="__cf_email__" data-cfemail="fcb98e959fd2af9f948e95999e998ebc9a9d9dd29b938a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
During walk-around checks performed in 2021 prior to takeoff of a
Model B-17 airplane, it was discovered that the left wing had shifted
away from the fuselage by about 2 inches. Further investigation was
conducted when both wings were removed in 2023 and found complete
separation of the left front spar lower fitting at the wing-to-fuselage
joint as well as additional cracking on the equivalent joint on the
right side of the airplane. This condition, if not addressed, could
result in fatigue cracking of the wing terminal-to-spar chord joints,
which could result in loss of control of the airplane and reduced
structural integrity of the airplane. The FAA is issuing this AD to
address the unsafe condition on these products.
AD 2001-22-06, Amendment 39-12485 (66 FR 54111, October 26, 2001),
requires an inspection of the holes in the spar chord at the same
location where the cracks were recently discovered in the steel
fitting. However, that inspection has not been effective in reliably
detecting cracks in the steel fitting inside the spar chord tube. For
this reason, the FAA has determined that a new inspection procedure is
required.
Some of these airplanes are operated under experimental
airworthiness certificates. The FAA has intentionally included these
airplanes in the applicability of this AD because of the risks
associated with passenger-carrying operations frequently conducted by
these airplanes.
FAA's Determination
The FAA is issuing this AD because the agency has determined the
unsafe condition described previously is likely to exist or develop in
other products of the same type design.
AD Requirements
This AD requires inspections of the wing terminal-to-spar chord
joints to detect cracking and corrosion, using one of two options:
<bullet> a magnetic particle inspection of the terminal fittings
and an eddy current inspection of the spar chord, or
<bullet> an eddy current bolt hole inspection on the steel terminal
fittings and the aluminum spar chord.
[[Page 31470]]
This AD also requires repairing cracking and corrosion and sending
all inspection results (both positive and negative) to the FAA.
Interim Action
The FAA considers this AD to be an interim action. The inspection
reports that are required by this AD will enable the FAA to obtain
better insight into the nature, cause, and extent of the discrepancies
found on the affected airplanes. The information from the reports will
help the FAA evaluate the risk to develop a long-term solution that
will address the unsafe condition. Once final action has been
identified, the FAA might consider further rulemaking.
Justification for Immediate Adoption and Determination of the Effective
Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies forgoing notice and comment prior to adoption of this rule
because fatigue cracking of the wing terminal-to-spar chord joints
could result in loss of control of the aircraft and reduced structural
integrity of the airplane. Accordingly, notice and opportunity for
prior public comment are impracticable and contrary to the public
interest pursuant to 5 U.S.C. 553(b)(3)(B).
In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forgo notice and
comment.
Comments Invited
The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include Docket No. FAA-2023-1048 and Project Identifier AD-
2023-00620-A,T at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, 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 final rule 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 final rule.
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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Eric
Schrieber, Aerospace Engineer, Airframe Section, FAA, Airframe Section,
West Certification Branch, 3960 Paramount Boulevard, Lakewood, CA
90712-4137; phone 562-627-5348; email <a href="/cdn-cgi/l/email-protection#1653647f753845757e647f737473645670777738717960"><span class="__cf_email__" data-cfemail="4f0a3d262c611c2c273d262a2d2a3d0f292e2e61282039">[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.
Regulatory Flexibility Act
The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because the FAA has determined
that it has good cause to adopt this rule without notice and comment,
RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 18 airplanes of U.S.
registry. Of those, only 3 are currently in flying condition and
several others are undergoing restoration. The FAA is also aware of one
additional aircraft in operation in the United Kingdom. The FAA
estimates the following costs to comply with this AD:
Estimated Costs
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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Inspections *...................... 25 work-hours x $85 per $25 $2,150 $38,700
hour = $2,125.
Reporting.......................... 1 work-hour x $85 per hour 0 85 1,530
= $85.
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* Estimates are provided for the eddy current bolt hole inspections of the most inboard fastener only.
Although this AD provides two inspection options for compliance,
only the cost estimates for the eddy current bolt hole inspections are
provided. The FAA has received no definitive data on which to base the
cost estimates for the magnetic particle inspection. Further, the
magnetic particle inspection requires major disassembly, whereas the
bolt hole inspections require only disassembling one bolt. Therefore,
the FAA predicts most operators will choose to do the eddy current bolt
hole inspections, which do not require major disassembly.
The FAA has received no definitive data on which to base the cost
estimates for the on-condition repairs specified in this AD.
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
[[Page 31471]]
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
This AD will not have federalism implications under Executive Order
13132. This AD will 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 this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
(2) Will not affect intrastate aviation in Alaska.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 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]
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2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
2023-10-04 Boeing: Amendment 39-22440; Docket No. FAA-2023-1048;
Project Identifier AD-2023-00620-A,T.
(a) Effective Date
This airworthiness directive (AD) is effective June 1, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Boeing Model B-17E, B-17F, and B-17G
airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 57, Wings.
(e) Unsafe Condition
This AD was prompted by a report indicating that the wing of one
airplane had shifted away from the fuselage by about 2 inches, and
the left front spar lower fitting had completely separated at the
wing-to-fuselage joint, and additional cracking was found on the
equivalent joint on the right side of the airplane. The FAA is
issuing this AD to address these conditions, which, if not
addressed, could result in loss of control of the airplane and
reduced structural integrity of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Inspection
Before further flight: Perform inspections to detect cracking
and corrosion by doing the actions specified in either paragraph
(g)(1) or (2) of this AD. No action is required by this AD if all
wing terminal fittings have been inspected in accordance with
paragraph (b)(1) of AD 2001-22-06, Amendment 39-12485 (66 FR 54111,
October 26, 2001), and, as of the effective date of this AD, no more
than 10 years or 2,500 flight hours have accumulated since that
inspection.
(1) Separate all 8 wing terminal-to-spar chord joints (wings
off) and perform a magnetic particle inspection of the steel
terminal fittings and an eddy current inspection of the 8 inboard
holes in the end of the spar chord, in accordance with procedures
approved by the Manager, West Certification Branch, FAA.
(2) On the left and right lower forward terminal fitting-to-spar
chord joint assemblies, remove the most inboard fastener common to
the spar cord and the terminal fitting, and do an eddy current bolt
hole inspection on the steel terminal fittings and on the aluminum
spar chord in accordance with procedures approved by the Manager,
West Certification Branch, FAA.
(h) Repair
If any cracking or corrosion is found during the inspections
required by paragraph (g) of this AD, repair before further flight
using a method approved by the Manager, West Certification Branch,
FAA.
(i) Report
At the applicable time specified in paragraph (i)(1) or (2) of
this AD, submit a report of all findings (positive and negative)
from the inspections required by paragraph (g) of this AD. The
report must include a statement that no discrepancies were found or
a description of any discrepancies found including the condition of
the wing terminal-to-spar chord joints (terminal fitting and spar
chord), the inspection procedure used, the airplane serial number,
and the number of flight hours on the airplane. Submit the report to
Eric Schrieber, Senior Engineer, West Certification Branch Airframe
Section, email <a href="/cdn-cgi/l/email-protection#2d685f444e037e4e455f44484f485f6d4b4c4c034a425b"><span class="__cf_email__" data-cfemail="99dcebf0fab7cafaf1ebf0fcfbfcebd9fff8f8b7fef6ef">[email protected]</span></a>.
(1) If the inspection was done on or after the effective date of
this AD: Submit the report within 10 days after the inspection.
(2) If the inspection was done before the effective date of this
AD: Submit the report within 10 days after the effective date of
this AD.
(j) Alternative Methods of Compliance (AMOCs)
(1) The Manager, West Certification 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 (k) of this AD. Information may
be emailed to <a href="/cdn-cgi/l/email-protection#4c75610d020161000d0d0f03610d01030f611e293d39293f383f0c2a2d2d622b233a"><span class="__cf_email__" data-cfemail="b0899df1fefd9dfcf1f1f3ff9df1fdfff39de2d5c1c5d5c3c4c3f0d6d1d19ed7dfc6">[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.
(k) Related Information
For more information about this AD, contact Eric Schrieber,
Aerospace Engineer, Airframe Section, FAA, Airframe Section, West
Certification Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-
4137; phone 562-627-5348; email <a href="/cdn-cgi/l/email-protection#da9fa8b3b9f489b9b2a8b3bfb8bfa89abcbbbbf4bdb5ac"><span class="__cf_email__" data-cfemail="51142338327f023239233834333423113730307f363e27">[email protected]</span></a>.
(l) Material Incorporated by Reference
None.
[[Page 31472]]
Issued on May 12, 2023.
Gaetano A. Sciortino,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-10624 Filed 5-15-23; 4:15 pm]
BILLING CODE 4910-13-P
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