Proposed Rule2024-09545
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
May 14, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to supersede Airworthiness Directive (AD) 2012-07-06, which applies to certain The Boeing Company Model 777 airplanes. AD 2012-07-06 requires revising the maintenance program to update inspection requirements to detect fatigue cracking of principal structural elements. Since the FAA issued AD 2012-07-06, the FAA has determined that new and more restrictive airworthiness limitations are necessary. This proposed AD would retain the requirements of AD 2012- 07-06 until the new or more restrictive airworthiness limitations are incorporated. The FAA is proposing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 89 Issue 94 (Tuesday, May 14, 2024)</title>
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[Federal Register Volume 89, Number 94 (Tuesday, May 14, 2024)]
[Proposed Rules]
[Pages 41908-41912]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-09545]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-1287; Project Identifier AD-2023-00992-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)
2012-07-06, which applies to certain The Boeing Company Model 777
airplanes. AD 2012-07-06 requires revising the maintenance program to
update inspection requirements to detect fatigue cracking of principal
structural elements. Since the FAA issued AD 2012-07-06, the FAA has
determined that new and more restrictive airworthiness limitations are
necessary. This proposed AD would retain the requirements of AD 2012-
07-06 until the new or more restrictive airworthiness limitations are
incorporated. 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 June 28,
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.
[[Page 41909]]
<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-2024-1287; 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 Boeing material, 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-2024-1287.
FOR FURTHER INFORMATION CONTACT: Luis Cortez-Muniz, Aviation Safety
Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206-
231-3958; email: <a href="/cdn-cgi/l/email-protection#cf83baa6bce18ee18ca0bdbbaab5e282baa1a6b58fa9aeaee1a8a0b9"><span class="__cf_email__" data-cfemail="f6ba839f85d8b7d8b5998482938cdbbb83989f8cb6909797d8919980">[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-2024-1287; Project Identifier
AD-2023-00992-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
the 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 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 Luis
Cortez-Muniz, Aviation Safety Engineer, FAA, 2200 South 216th St., Des
Moines, WA 98198; phone: 206-231-3958; email: <a href="/cdn-cgi/l/email-protection#2d6158445e036c036e425f5948570060584344576d4b4c4c034a425b"><span class="__cf_email__" data-cfemail="0d4178647e234c234e627f7968772040786364774d6b6c6c236a627b">[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 2012-07-06, Amendment 39-17012 (77 FR 21429,
April 10, 2012) (AD 2012-07-06), for The Boeing Company Model 777-200,
-200LR, -300, -300ER, and 777F series airplanes with an original
airworthiness certificate or original export certificate of
airworthiness issued before September 1, 2010. AD 2012-07-06 was
prompted by a new revision to the airworthiness limitations (AWLs) of
the maintenance planning document (MPD). AD 2012-07-06 requires
revising the maintenance program to update inspection requirements to
detect fatigue cracking of principal structural elements (PSEs). The
agency issued AD 2012-07-06 to ensure that fatigue cracking of various
PSEs is detected and corrected; such fatigue cracking could adversely
affect the structural integrity of these airplanes. AD 2012-07-06 does
not apply to airplanes with an original airworthiness certificate or
original export certificate of airworthiness issued on or after
September 1, 2010, since those airplanes were delivered with
Instructions for Continued Airworthiness containing the AWLs mandated
by AD 2012-07-06.
Actions Since AD 2012-07-06 Was Issued
Since the FAA issued AD 2012-07-06, new and more restrictive
airworthiness limitations are necessary. The inspections and life
limits have been updated in the latest revision to the AWLs of the MPD
and the damage tolerance rating (DTR) Check Form Document. The DTR
document defines inspection options and the damage tolerance ratings
necessary to develop the structural inspections required by the AWLs.
Airplanes with an original airworthiness certificate or original export
certificate of airworthiness issued after January 5, 2024, were
delivered with Instructions for Continued Airworthiness containing
these new and revised requirements.
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 Section 9, Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements (CMRs), D622W001-9, Revision
December 2022, of the Boeing 777-200/200LR/300/300ER/777F Maintenance
Planning Data (MPD) Document. Subsection B, Airworthiness Limitations-
Structural Inspections and Subsection C, Airworthiness Limitations-
Structural Safe-Life Limits, of this service information contains
airworthiness limitations for structural inspections and structural
life limits, among other limitations.
The FAA also reviewed Boeing 777-200/200LR/300/300ER/777F Damage
Tolerance Rating (DTR) Check Form Document, D622W001-DTR, dated
December 2022. This service information provides the DTR check forms
and the procedure for their use.
This proposed AD would also require Section 9, ``Airworthiness
Limitations (AWLs) and Certification Maintenance Requirements (CMRs),''
D622W001-9, Revision July 2011, of the Boeing 777 MPD Document, which
the Director of the Federal Register approved for incorporation by
reference as of May 15, 2012 (77 FR 21429, April 10, 2012).
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 the ADDRESSES section.
Proposed AD Requirements in This NPRM
For airplanes with an original airworthiness certificate or
original export certificate of airworthiness issued before September 1,
2010, this proposed AD would retain all the requirements of AD 2012-07-
06. For airplanes with an original airworthiness certificate or
original export certificate of airworthiness issued before January 4,
[[Page 41910]]
2024, this proposed AD would require revising the existing maintenance
or inspection program to incorporate new and more restrictive
airworthiness limitations, which would then terminate the retained
requirements of AD 2012-07-06. This proposed AD would also require
sending inspection results to Boeing.
Differences Between This Proposed AD and the Service Information
This proposed AD would require that the reports specified in
Section 9, Airworthiness Limitations (AWLs) and Certification
Maintenance Requirements (CMRs), D622W001-9, Revision December 2022, of
the Boeing 777-200/200LR/300/300ER/777F Maintenance Planning Data (MPD)
Document; and Boeing 777-200/200LR/300/300ER/777F Damage Tolerance
Rating (DTR) Check Form Document, D622W001-DTR, dated December 2022, be
submitted within 10 days after the airplane is returned to service,
instead of 10 days after each individual finding as specified in the
documents.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 325 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
The FAA estimates the total cost per operator for the retained
actions from AD 2012-07-06 to be $7,650 (90 work-hours x $85 per work-
hour).
The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the FAA recognizes that this number may vary from operator to
operator. Since operators incorporate maintenance or inspection program
changes for their affected fleet(s), the FAA has determined that a per-
operator estimate is more accurate than a per-airplane estimate.
The FAA estimates the total cost per operator for the new proposed
actions to be $7,650 (90 work x hours x $85 per work-hour).
On-Condition Costs
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Cost per
Action Labor cost Parts cost product
----------------------------------------------------------------------------------------------------------------
Reporting................................. 1 work-hour x $85 per hour = $85.. $0 $85
----------------------------------------------------------------------------------------------------------------
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
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
The FAA has 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 that the 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) 2012-07-06, Amendment 39-17012
(77 FR 21429, April 10, 2012), and
0
b. Adding the following new AD:
The Boeing Company: Docket No. FAA-2024-1287; Project Identifier AD-
2023-00992-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by June 28, 2024.
(b) Affected ADs
This AD replaces AD 2012-07-06, Amendment 39-17012 (77 FR 21429,
April 10, 2012) (AD 2012-07-06).
(c) Applicability
This AD applies to The Boeing Company Model 777-200, -200LR, -
300, -300ER, and 777F series airplanes, certificated in any
[[Page 41911]]
category, with an original airworthiness certificate or original
export certificate of airworthiness issued before January 5, 2024.
(d) Subject
Air Transport Association (ATA) of America Code27, Flight
Controls; 28, Fuel; 32, Landing Gear; 52, Doors; 53, Fuselage; 54,
Nacelles/Pylons; 55, Stabilizers; 57, Wings.
(e) Unsafe Condition
This AD was prompted by new revisions to the airworthiness
limitations of the maintenance planning document and damage
tolerance rating check form document. The FAA is issuing this AD to
address fatigue cracking of various principal structural elements.
The unsafe condition, if not addressed, could adversely affect the
structural integrity of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Retained Revision of Maintenance Program With No Changes
This paragraph restates the requirements of paragraph (g) of AD
2012-07-06, with no changes. For airplanes with an original
airworthiness certificate or original export certificate of
airworthiness issued before September 1, 2010: Comply with the
requirements of paragraphs (g)(1) through (3) of this AD.
Accomplishing the revision of the existing maintenance or inspection
program required by paragraph (i) of this AD terminates the
requirements of this paragraph.
(1) Within 12 months after May 15, 2012 (the effective date of
AD 2012-07-06), revise the maintenance program by incorporating the
information in Subsection B, Airworthiness Limitations-Structural
Inspections, of Section 9, ``Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements (CMRs),'' D622W001-9,
Revision July 2011, of the Boeing 777 Maintenance Planning Data
(MPD) Document, except as provided by paragraph (h) of this AD.
(2) The initial compliance time for the inspections is within
the applicable times specified in Subsection B, Airworthiness
Limitations-Structural Inspections, of Section 9, of ``Airworthiness
Limitations (AWLs) and Certification Maintenance Requirements
(CMRs),'' D622W001-9, Revision July 2011, of the Boeing 777
Maintenance Planning Data (MPD) Document, or within 18 months after
May 15, 2012 (the effective date of AD 2012-07-06), whichever occurs
later, or within the applicable time specified in Subsection B,
Airworthiness Limitations-Structural Inspections, of Section 9,
``Airworthiness Limitations (AWLs) and Certification Maintenance
Requirements (CMRs),'' D622W001-9, Revision July 2011, of the Boeing
777 Maintenance Planning Data (MPD) Document, from the time of
installation for new parts.
(3) Reports specified in Section 9, ``Airworthiness Limitations
(AWLs) and Certification Maintenance Requirements (CMRs),''
D622W001-9, Revision July 2011, of the Boeing 777 Maintenance
Planning Data (MPD) Document may be submitted within 10 days after
the airplane is returned to service, instead of 10 days after each
individual finding as specified in this document.
(h) Retained Alternative Inspections and Inspection Intervals With an
Additional Exception
This paragraph restates the requirements of paragraph (h) of AD
2012-07-06, with an additional exception. After accomplishing the
actions required by paragraph (g) of this AD, no alternative
inspections or inspection intervals may be used unless the
alternative inspection or interval is required by paragraph (i) of
this AD or approved as an alternative method of compliance (AMOC) in
accordance with the procedures specified in paragraph (k) of this
AD.
(i) Revision of Maintenance or Inspection Program
(1) Within 12 months after the effective date of this AD, revise
the existing maintenance or inspection program by incorporating the
information in Subsection B, Airworthiness Limitations-Structural
Inspections and Subsection C, Airworthiness Limitations-Structural
Safe-Life Limits, of Section 9, Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements (CMRs), D622W001-9, Revision
December 2022, of the Boeing 777-200/200LR/300/300ER/777F
Maintenance Planning Data (MPD) Document; and in Boeing 777-200/
200LR/300/300ER/777F Damage Tolerance Rating (DTR) Check Form
Document, D622W001-DTR, dated December 2022.
(2) The initial compliance time for the tasks is within the
applicable times specified in Subsection B, Airworthiness
Limitations-Structural Inspections and Subsection C, Airworthiness
Limitations-Structural Safe-Life Limits, of Section 9, Airworthiness
Limitations (AWLs) and Certification Maintenance Requirements
(CMRs), D622W001-9, Revision December 2022, of the Boeing 777-200/
200LR/300/300ER/777F MPD Document; and in Boeing 777-200/200LR/300/
300ER/777F DTR Check Form Document, D622W001-DTR, dated December
2022, or within 12 months after the effective date of this AD,
whichever occurs later.
(3) Reports specified in Section 9, Airworthiness Limitations
(AWLs) and Certification Maintenance Requirements (CMRs), D622W001-
9, Revision December 2022, of the Boeing 777-200/200LR/300/300ER/
777F MPD Document; and in Boeing 777-200/200LR/300/300ER/777F DTR
Check Form Document, D622W001-DTR, dated December 2022 may be
submitted within 10 days after the airplane is returned to service,
instead of 10 days after each individual finding as specified in the
documents.
(j) Alternative Inspections and Inspection Intervals
After accomplishing the actions required by paragraph (i) of
this AD, no alternative inspections or inspection intervals may be
used unless the alternative inspection or interval is approved as an
AMOC in accordance with the procedures specified in paragraph (k) of
this AD.
(k) 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 (l)
of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#9adbd7d5d9dafcfbfbb4fdf5ec"><span class="__cf_email__" data-cfemail="d2939f9d9192b4b3b3fcb5bda4">[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 2012-07-06 are approved as AMOCs for
the corresponding provisions of paragraph (g) of this AD.
(5) AMOCs approved for repairs and alterations for AD 2012-07-06
are approved as AMOCs for the corresponding provisions of paragraph
(i) of this AD. All other AMOCs approved for AD 2012-07-06 are not
approved as AMOCs for the corresponding provisions of paragraph (i)
of this AD.
(l) Related Information
For more information about this AD, contact Luis Cortez-Muniz,
Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA
98198; phone: 206-231-3958; email: <a href="/cdn-cgi/l/email-protection#a0ecd5c9d38ee18ee3cfd2d4c5da8dedd5cec9dae0c6c1c18ec7cfd6"><span class="__cf_email__" data-cfemail="e1ad948892cfa0cfa28e9395849bccac948f889ba1878080cf868e97">[email protected]</span></a>.
(m) 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 this AD specifies otherwise.
(3) The following service information was approved for IBR on
[DATE 35 DAYS AFTER PUBLICATION OF THE FINAL RULE].
(i) Section 9, Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements (CMRs), D622W001-9, Revision
December 2022, of the Boeing 777-200/200LR/300/300ER/777F
Maintenance Planning Data (MPD) Document.
(ii) Boeing 777-200/200LR/300/300ER/777F Damage Tolerance Rating
(DTR) Check Form Document, D622W001-DTR, dated December 2022.
(4) The following service information was approved for IBR on
May 15, 2012 (77 FR 21429, April 10, 2012).
[[Page 41912]]
(i) Section 9, ``Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements (CMRs),'' D622W001-9,
Revision July 2011, of the Boeing 777 Maintenance Planning Data
(MPD) Document.
(ii) [Reserved]
(5) For Boeing material, 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>.
(6) 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.
(7) 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#dfb9adf1b6b1acafbabcabb6b0b19fb1beadbef1b8b0a9"><span class="__cf_email__" data-cfemail="aaccd884c3c4d9dacfc9dec3c5c4eac4cbd8cb84cdc5dc">[email protected]</span></a>.
Issued on April 26, 2024.
James D. Foltz,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-09545 Filed 5-13-24; 8:45 am]
BILLING CODE 4910-13-P
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