Proposed Rule2023-28004
Airworthiness Directives; The Boeing Company Airplanes
Primary source
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Published
December 21, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to supersede Airworthiness Directive (AD) 2022-08-12, which applies to all The Boeing Company Model 757 airplanes. AD 2022-08-12 requires repetitive inspections for skin cracking and shim migration at the upper link drag fittings, diagonal brace cracking, and fastener looseness; and applicable on-condition actions. Since the FAA issued AD 2022-08-12, it was determined that certain drag fittings may be made of alternate materials, which could result in reduced structural integrity of the engine strut, and that additional inspections and revised compliance times are needed. This proposed AD would retain the requirements of AD 2022-08-12 with revised compliance times for certain actions and would add inspections for existing repairs and applicable on-condition actions. The FAA is proposing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 88 Issue 244 (Thursday, December 21, 2023)</title>
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[Federal Register Volume 88, Number 244 (Thursday, December 21, 2023)]
[Proposed Rules]
[Pages 88271-88274]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-28004]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 88, No. 244 / Thursday, December 21, 2023 /
Proposed Rules
[[Page 88271]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-2395; Project Identifier AD-2023-00767-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)
2022-08-12, which applies to all The Boeing Company Model 757
airplanes. AD 2022-08-12 requires repetitive inspections for skin
cracking and shim migration at the upper link drag fittings, diagonal
brace cracking, and fastener looseness; and applicable on-condition
actions. Since the FAA issued AD 2022-08-12, it was determined that
certain drag fittings may be made of alternate materials, which could
result in reduced structural integrity of the engine strut, and that
additional inspections and revised compliance times are needed. This
proposed AD would retain the requirements of AD 2022-08-12 with revised
compliance times for certain actions and would add inspections for
existing repairs 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 February 5,
2024.
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-2023-2395; 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:
<bullet> 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 <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-2023-2395.
FOR FURTHER INFORMATION CONTACT: Wayne Ha, Aviation Safety Engineer,
FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 562-627-
5238; email <a href="/cdn-cgi/l/email-protection#9aedfbe3f4ffb4f2fbdafcfbfbb4fdf5ec"><span class="__cf_email__" data-cfemail="84f3e5fdeae1aaece5c4e2e5e5aae3ebf2">[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-2023-2395; Project Identifier
AD-2023-00767-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
<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 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 St., Des Moines, WA
98198; telephone 562-627-5238; email <a href="/cdn-cgi/l/email-protection#9becfae2f5feb5f3fadbfdfafab5fcf4ed"><span class="__cf_email__" data-cfemail="8afdebf3e4efa4e2ebcaecebeba4ede5fc">[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 AD 2022-08-12, Amendment 39-22015 (87 FR 26964, May
6, 2022) (AD 2022-08-12), for all The Boeing Company Model 757
airplanes. AD 2022-08-12 was prompted by reports of bolt rotation in
the engine drag fitting joint and fastener heads and cracks found in
the skin of the fastener holes, and the need to reduce the compliance
time for certain groups. AD 2022-08-12 requires repetitive inspections
for skin cracking and shim migration at the upper link drag fittings,
diagonal brace cracking, and fastener looseness; and applicable on-
condition actions. The FAA issued AD 2022-08-12 to address cracking in
the wing upper skin and forward drag fittings, which could lead to a
compromised upper link and reduced structural integrity of the engine
strut, and possible separation of a strut and engine from the airplane
during flight.
[[Page 88272]]
Actions Since AD 2022-08-12 Was Issued
Since the FAA issued AD 2022-08-12, it was determined that drag
fittings made of alternate materials have possibly been installed on
some configurations, which could result in reduced structural integrity
of the engine strut. The FAA has determined that additional inspections
and revised compliance times are needed to maintain structural
integrity.
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 757-57A0073 RB,
Revision 3, dated May 5, 2023. This service information specifies
procedures for a general visual inspection or records check of the wing
upper skin at the drag fitting attachment holes for any existing
repair; repetitive general visual and detailed inspections for loose
fasteners, skin cracking, and shim migration at the upper link drag
fittings, and for cracking in the diagonal brace and diagonal brace
fittings; repetitive open-hole high frequency eddy current (HFEC)
inspections for cracking of the fastener holes and loose bolt holes;
and applicable on-condition actions. On-condition actions include
performing an ultrasonic inspection for cracks at any repaired upper
wing skin location; installing the upper link and upper link pins;
replacing drag fittings; installing bolts, washers, and nuts;
performing a torque check of fasteners on the affected shims; trimming
affected shims and applying chemical conversion coating on the shims,
fillet seal, and drag fittings; and repairing cracks, migrated shims,
mistorqued bolts, and loose fasteners.
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
Although this proposed AD does not explicitly restate the
requirements of AD 2022-08-12, this proposed AD would retain all of the
requirements of AD 2022-08-12. Those requirements are referenced in the
service information identified previously, which, in turn, is
referenced in paragraph (g) of this proposed AD.
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 of this proposed AD.
For information on the procedures and compliance times, see this
service information at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-2395.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 496 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Parts Cost on U.S.
Action Labor cost cost Cost per product operators
----------------------------------------------------------------------------------------------------------------
Repetitive HFEC inspections 85 work-hours x $85 $0 $7,225 per $3,583,600 per
(retained actions from AD per hour = $7,225 inspection cycle. inspection cycle.
2022[dash]08[dash]12). per inspection cycle.
New proposed actions.............. Up to 4 work-hours x 0 Up to $340.......... Up to $168,640.
$85 per hour = Up to
$340.
----------------------------------------------------------------------------------------------------------------
The FAA has received no definitive data on which to base the cost
estimates for the on-condition actions 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:
0
a. Removing Airworthiness Directive (AD) 2022-08-12, Amendment 39-22015
(87 FR 26964, May 6, 2022), and
0
b. Adding the following new AD:
The Boeing Company: Docket No. FAA-2023-2395; Project Identifier AD-
2023-00767-T.
[[Page 88273]]
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by February 5, 2024.
(b) Affected ADs
This AD replaces AD 2022-08-12, Amendment 39-22015 (87 FR 26964,
May 6, 2022) (AD 2022-08-12).
(c) Applicability
This AD applies to all The Boeing Company Model 757-200, 200PF,
-200CB, and -300 series airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 57, Wings.
(e) Unsafe Condition
This AD was prompted by reports of bolt rotation in the engine
drag fitting joint and fastener heads and cracks found in the skin
of the fastener holes, a determination that certain drag fittings
may be made of alternate materials, which could result in reduced
structural integrity of the engine strut, and a determination that
additional inspections and revised compliance times are needed. The
FAA is issuing this AD to address cracking in the wing upper skin
and forward drag fittings, which could lead to a compromised upper
link and reduced structural integrity of the engine strut, and
possible separation of a strut and engine from the airplane during
flight.
(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 757-57A0073 RB, Revision 3, dated May 5,
2023, do all applicable actions identified in, and in accordance
with, the Accomplishment Instructions of Boeing Alert Requirements
Bulletin 757-57A0073 RB, Revision 3, dated May 5, 2023.
Note 1 to paragraph (g): Guidance for accomplishing the actions
required by this AD can be found in Boeing Alert Service Bulletin
757-57A0073, Revision 3, dated May 5, 2023, which is referred to in
Boeing Alert Requirements Bulletin 757-57A0073 RB, Revision 3, dated
May 5, 2023.
(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-
57A0073 RB, Revision 3, dated May 5, 2023, use the phrase ``the
Original Issue date of Requirements Bulletin 757-57A0073 RB,'' this
AD requires using ``September 10, 2018 (the effective date of AD
2018-16-05, Amendment 39-19345 (83 FR 38250, August 6, 2018))'' (AD
2018-16-05).
(2) Where the Compliance Time columns of the tables in the
``Compliance'' paragraph of Boeing Alert Requirements Bulletin 757-
57A0073 RB, Revision 3, dated May 5, 2023, use the phrase ``the
Revision 1 date of Requirements Bulletin 757-57A0073 RB,'' this AD
requires using ``January 14, 2021 (the effective date of AD 2020-21-
17, Amendment 39-21290 (85 FR 79418, December 10, 2020))'' (AD 2020-
21-17).
(3) Where the Compliance Time columns of the tables in the
``Compliance'' paragraph of Boeing Alert Requirements Bulletin 757-
57A0073 RB, Revision 3, dated May 5, 2023, use the phrase ``the
Revision 2 date of Requirements Bulletin 757-57A0073 RB,'' this AD
requires using ``June 10, 2022 (the effective date of AD 2022-08-
12).''
(4) Where the Compliance Time columns of the tables in the
``Compliance'' paragraph of Boeing Alert Requirements Bulletin 757-
57A0073 RB, Revision 3, dated May 5, 2023, use the phrase ``the
Revision 3 date of Requirements Bulletin 757-57A0073 RB,'' this AD
requires using the effective date of this AD.
(5) Where Boeing Alert Requirements Bulletin 757-57A0073 RB,
Revision 3, dated May 5, 2023, specifies contacting Boeing for
repair instructions or for alternative inspections: This AD requires
doing the repair, or doing the alternative inspections and
applicable on-condition actions using a method approved in
accordance with the procedures specified in paragraph (j) of this
AD.
(i) Credit for Previous Actions
(1) This paragraph provides credit for the actions specified in
paragraph (g) of this AD, except for the open-hole high frequency
eddy current inspections at fastener locations 11-18, if those
actions were performed before January 14, 2021 (the effective date
of AD 2020-21-17) using Boeing Alert Requirements Bulletin 757-
57A0073 RB, dated July 14, 2017.
(2) This paragraph provides credit for the actions specified in
paragraph (g) of this AD, if those actions were performed before
June 10, 2022 (the effective date of AD 2022-08-12) using Boeing
Alert Requirements Bulletin 757-57A0073 RB, Revision 1, dated August
1, 2019.
(3) This paragraph provides credit for the actions specified in
paragraph (g) of this AD, if those actions were performed before the
effective date of this AD using Boeing Alert Requirements Bulletin
757-57A0073 RB, Revision 2, dated March 1, 2021.
(j) 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
(k)(1) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#cdf4e08c8380e09ea8acb9b9a1a8e08c8e82e08c80828ee09fa8bcb8a8beb9be8dabacace3aaa2bb"><span class="__cf_email__" data-cfemail="7e47533f3033532d1b1f0a0a121b533f3d31533f33313d532c1b0f0b1b0d0a0d3e181f1f50191108">[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, 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 2022-08-12 are approved as AMOCs for
the corresponding provisions of Boeing Alert Requirements Bulletin
757-57A0073 RB, Revision 3, dated May 5, 2023, that are required by
paragraph (g) of this AD, except for AMOCs approved for locations at
the wing skin and drag fittings at the upper link drag fittings
(fasteners 1-18).
(5) AMOCs approved for AD 2020-21-17 are approved as AMOCs for
the corresponding provisions of Boeing Alert Requirements Bulletin
757-57A0073 RB, Revision 3, dated May 5, 2023, that are required by
paragraph (g) of this AD, except for AMOCs approved for locations at
the wing skin and drag fittings at the upper link drag fittings
(fasteners 1-18).
(6) AMOCs approved for AD 2018-16-05 are approved as AMOCs for
the corresponding provisions of Boeing Alert Requirements Bulletin
757-57A0073 RB, Revision 3, dated May 5, 2023, that are required by
paragraph (g) of this AD, except for AMOCs approved for locations at
the wing skin and drag fittings at the upper link drag fittings
(fasteners 1-18).
(k) Related Information
(1) For more information about this AD, contact Wayne Ha,
Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA
98198; telephone 562-627-5238; email <a href="/cdn-cgi/l/email-protection#c4b3a5bdaaa1eaaca584a2a5a5eaa3abb2"><span class="__cf_email__" data-cfemail="d1a6b0a8bfb4ffb9b091b7b0b0ffb6bea7">[email protected]</span></a>.
(2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (l)(3) and (4) of this AD.
(l) 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 757-57A0073 RB, Revision
3, dated May 5, 2023.
(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
[[Page 88274]]
availability of this material at the FAA, call 206-231-3195.
(5) You may view this material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a> or email <a href="/cdn-cgi/l/email-protection#f49286da9d9a87849197809d9b9ab49a958695da939b82"><span class="__cf_email__" data-cfemail="076175296e6974776264736e6869476966756629606871">[email protected]</span></a>.
Issued on December 14, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-28004 Filed 12-20-23; 8:45 am]
BILLING CODE 4910-13-P
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