[Federal Register Volume 88, Number 192 (Thursday, October 5, 2023)]
[Proposed Rules]
[Pages 69107-69110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22066]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1986; Project Identifier AD-2022-00015-T]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain The Boeing Company Model 767 airplanes. This proposed AD 
was prompted by a report of cracks on the forward entry door and 
forward service door cutout aft lower corner fuselage skin and bear 
strap. This proposed AD would require repetitive inspections for 
cracking at the affected area, 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 November 
20, 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 regulations.gov. 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 regulations.gov under 
Docket No. FAA-2023-1986; 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 myboeingfleet.com.
    <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 
regulations.gov by searching for and locating Docket No. FAA-2023-1986.

FOR FURTHER INFORMATION CONTACT: Joseph Hodgin, Aviation Safety 
Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206-
231-3962; email: <a href="/cdn-cgi/l/email-protection#f2b89d8197829adcb8dcba9d96959b9cb2949393dc959d84"><span class="__cf_email__" data-cfemail="a5efcad6c0d5cd8bef8bedcac1c2cccbe5c3c4c48bc2cad3">[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.

[[Page 69108]]

FAA-2023-1986; Project Identifier AD-2022-00015-T'' at the beginning of 
your comments. The most helpful comments reference a specific portion 
of the proposal, explain the reason for any recommended change, and 
include supporting data. The FAA will consider all comments received by 
the closing date and may amend this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to 
Joseph Hodgin, Aviation Safety Engineer, FAA, 2200 South 216th St., Des 
Moines, WA 98198; phone: 206-231-3962; email: <a href="/cdn-cgi/l/email-protection#d09abfa3b5a0b8fe9afe98bfb4b7b9be90b6b1b1feb7bfa6"><span class="__cf_email__" data-cfemail="b1fbdec2d4c1d99ffb9ff9ded5d6d8dff1d7d0d09fd6dec7">[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 has received reports from operators of cracks found on the 
forward entry door and forward service door cutout aft lower corner 
fuselage skin and bear strap between stringer 19 and the lower main 
sill chord, from station (STA) 332 to STA 340. The cracks were reported 
between 25,983 and 47,385 total flight cycles, and between 45,771 and 
80,680 total flight hours. These cracks have been occurring at earlier 
flight cycles and are spreading faster than initially predicted. One 
Model 767-300 operator reported a 5.3-inch crack on the forward service 
door, common to only the skin in the lower aft corner, and an 
associated 0.32-inch crack in the bear strap at the same location. The 
airplane had completed 43,459 total flight cycles and 61,086 total 
flight hours when the cracks were discovered. Undetected fatigue 
cracks, if not addressed, could result in a principal structural 
element's loss of limit load capability, adversely affecting the 
airplane's 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 767-53A0301 RB, 
Revision 2, dated May 24, 2023. This service information specifies 
procedures for repetitive inspections (external detailed, internal 
detailed, and open hole high frequency eddy current) for cracking at 
the forward entry door and forward service door cutout aft lower corner 
fuselage skin and bear strap area. This service information also 
specifies procedures for on-condition actions, including crack repair. 
This service information is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in ADDRESSES.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in the service information already described, except for any 
differences identified as exceptions in the regulatory text of this 
proposed AD.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 682 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
             Action                    Labor cost         Parts cost     Cost per  product        operators
----------------------------------------------------------------------------------------------------------------
Inspections.....................  Up to 8 work-hours               $0   Up to $680 per       Up to $463,760 per
                                   x $85 per hour =                      inspection cycle.    inspection cycle.
                                   $680 per
                                   inspection cycle.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition actions (i.e., possible crack repair) 
specified in this proposed AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, section 44701: General requirements. 
Under that section, Congress charges the FAA with promoting safe flight 
of civil aircraft in air commerce by prescribing regulations for 
practices, methods, and procedures the Administrator finds necessary 
for safety in air commerce. This regulation is within the scope of that 
authority because it addresses an unsafe condition that is likely to 
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,

[[Page 69109]]

    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

The Boeing Company: Docket No. FAA-2023-1986; Project Identifier AD-
2022-00015-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by November 20, 2023.

 (b) Affected ADs

    None.

 (c) Applicability

    This AD applies to The Boeing Company airplanes, certificated in 
any category, identified in paragraphs (c)(1) and (2) of this AD.
    (1) Model 767-200, -300, -300F, and -400ER series airplanes, as 
identified in Boeing Alert Requirements Bulletin 767-53A0301 RB, 
Revision 2, dated May 24, 2023.
    (2) Model 767-2C series airplanes, line numbers 1065, 1066, 
1067, 1069, 1091, 1092, 1098, 1100, 1102, 1104, 1107, 1109, 1111, 
1113, 1114, 1116, 1117, 1119, 1120, 1122, 1124, 1126, 1128, 1129, 
1131, 1132, 1134, 1135, 1137, 1139, 1143, 1145, 1147, 1149, 1151, 
1154, 1156, 1158, 1160, 1162, 1164, 1166, 1168, 1170, 1172, 1174, 
1176, 1178, 1181, 1184, 1188, 1192, 1196, 1200, 1202, 1205, 1207, 
1210, 1213, 1216, 1219, 1223, 1226, 1230, 1234, 1236, 1238, 1241, 
1243, 1246, 1248, 1250, 1252, 1254, 1257, 1259, 1261, 1264, 1267, 
1269, 1271, and 1273.

 (d) Subject

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

 (e) Unsafe Condition

    This AD was prompted by a report of cracks found on the forward 
entry door and forward service door cutout aft lower corner fuselage 
skin and bear strap. The FAA is issuing this AD to address 
undetected fatigue cracks. The unsafe condition, if not addressed, 
could result in a principal structural element losing its limit load 
capability, adversely affecting the airplane's structural integrity.

 (f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

 (g) Required Actions: Model 767-200, -300, -300F, and -400ER

    For Model 767-200, -300, -300F, -400ER series airplanes: Except 
as specified by paragraph (h) of this AD, at the applicable times 
specified in the ``Compliance'' paragraph of Boeing Alert 
Requirements Bulletin 767-53A0301 RB, Revision 2, dated May 24, 
2023, do all applicable actions identified in, and in accordance 
with, the Accomplishment Instructions of Boeing Alert Requirements 
Bulletin 767-53A0301 RB, Revision 2, dated May 24, 2023.

    Note 1 to paragraph (g):  Guidance for accomplishing the actions 
required by this AD can be found in Boeing Alert Service Bulletin 
767-53A0301, Revision 2, dated May 24, 2023, which is referred to in 
Boeing Alert Requirements Bulletin 767-53A0301, Revision 2, dated 
May 24, 2023.

 (h) Exceptions to Service Information Specifications

    (1) Where Boeing Alert Requirements Bulletin 767-53A0301 RB, 
dated May 24, 2023, compliance time columns in Tables 1 and 2, 
paragraph E (Compliance), use the phrase ``the Original Issue date 
of Requirements Bulletin 767-53A0301 RB,'' this AD requires 
replacing those words with ``the effective date of this AD.''
    (2) Where Boeing Alert Requirements Bulletin 767-53A0301 RB, 
Revision 2, dated May 24, 2023, specifies contacting Boeing for 
repair instructions: This AD requires doing the repair before 
further flight using a method approved in accordance with the 
procedures specified in paragraph (l) of this AD.

 (i) Required Actions: Model 767-2C

    At the later of the times specified in paragraphs (i)(1) and (2) 
of this AD: Perform inspections (external detailed, internal 
detailed, and open hole high frequency eddy current, as applicable) 
for cracking at the forward entry door and forward service door 
cutout aft lower corner fuselage skin and bear strap area, and 
repair any cracks found, in accordance with a method approved by the 
Manager, AIR-520, Continued Operational Safety Branch, FAA.

    Note 1 to paragraph (i):  Guidance on doing the required actions 
can be found in Boeing Alert Requirements Bulletin 767-53A0303 RB, 
Revision 1, dated June 29, 2023; and Boeing Alert Requirements 
Bulletin 767-53A0308 RB, Revision 1, dated June 21, 2023.

    (1) Before 15,000 cumulative flight cycles or 30,000 cumulative 
total accumulated cycles, whichever occurs first. These terms are 
defined in paragraph (j) of this AD.
    (2) Within 2,250 flight cycles, 4,500 total accumulated cycles, 
or 24 months after the effective date of this AD, whichever occurs 
first.

 (j) Compliance Time Definitions

    The definitions in paragraphs (j)(1) through (5) of this AD 
apply to this AD.
    (1) A ``flight cycle'' is an operation by an aircraft that is 
initially stopped on the ground, departs in flight, attains a 
maximum above ground level (AGL) altitude greater than 5,000 feet 
relative to the runway, lands on a runway, and stops on the ground. 
A flight cycle may include one or more touch-and-go cycles.
    (2) A ``touch-and-go cycle'' is an operation by an aircraft that 
lands and departs on a runway without stopping or exiting the runway 
and is immediately followed by a short flight with a maximum AGL 
altitude of 5,000 feet relative to the runway.
    (3) ``Total accumulated cycles'' is the sum of the accumulated 
number of flight cycles, accumulated missed approaches, and the 
accumulated number of touch-and-go cycles.
    (4) A ``missed approach'' (or go-around) is an aircraft landing 
approach that is discontinued and proceeded by a climb-out for any 
reason without landing gear touching the runway and is either 
immediately preceded by or immediately followed by a short flight 
with a maximum AGL altitude of 5,000 feet relative to the runway. 
Any flight operation not meeting this definition is considered a 
flight cycle.
    (5) ``Cumulative'' cycles are total cycles since new.

 (k) Credit for Previous Actions

    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 
767-53A0301 RB, dated April 21, 2021, or Boeing Alert Requirements 
Bulletin 767-53A0301 RB, Revision 1, dated April 11, 2022.

 (l) 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 
(m)(1) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#41786c000f0c6c12242035352d246c00020e6c000c0e026c1324303424323532012720206f262e37"><span class="__cf_email__" data-cfemail="60594d212e2d4d33050114140c054d21232f4d212d2f234d3205111505131413200601014e070f16">[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

[[Page 69110]]

the airplane, and the approval must specifically refer to this AD.

 (m) Related Information

    (1) For more information about this AD, contact Joseph Hodgin, 
Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA 
98198; phone: 206-231-3962; email: <a href="/cdn-cgi/l/email-protection#a5efcad6c0d5cd8bef8bedcac1c2cccbe5c3c4c48bc2cad3"><span class="__cf_email__" data-cfemail="612b0e120411094f2b4f290e0506080f210700004f060e17">[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 (n)(3) and (4) of this AD.

 (n) 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 767-53A0301 RB, Revision 
2, dated May 24, 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 myboeingfleet.com.
    (4) You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 2200 
South 216th St., Des Moines, WA. For information on the availability 
of this material at the FAA, call 206-231-3195.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email <a href="/cdn-cgi/l/email-protection#3b5d49155255484b5e584f5254557b555a495a155c544d"><span class="__cf_email__" data-cfemail="b4d2c69adddac7c4d1d7c0dddbdaf4dad5c6d59ad3dbc2">[email protected]</span></a>, or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on September 28, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-22066 Filed 10-4-23; 8:45 am]
BILLING CODE 4910-13-P


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