[Federal Register Volume 88, Number 221 (Friday, November 17, 2023)]
[Proposed Rules]
[Pages 80216-80218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25340]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-2151; Project Identifier AD-2023-00984-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 all The Boeing Company Model 777 airplanes. This proposed AD was 
prompted by a report of a 5-inch crack on the right wing upper wing 
skin at a certain wing station. This proposed AD would require 
repetitive inspections for cracking of the upper wing skin common to 
certain fasteners 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 January 2, 
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 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-2023-2151; 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.

[[Page 80217]]

    <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-2023-2151.

FOR FURTHER INFORMATION CONTACT: Luis Cortez-Muniz, Aviation Safety 
Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone: 
206-231-3958; email: <a href="/cdn-cgi/l/email-protection#19556c706a3758375a766b6d7c6334546c777063597f7878377e766f"><span class="__cf_email__" data-cfemail="c78bb2aeb4e986e984a8b5b3a2bdea8ab2a9aebd87a1a6a6e9a0a8b1">[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-2023-2151; Project Identifier 
AD-2023-00984-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 Luis 
Cortez-Muniz, Aviation Safety Engineer, FAA, 2200 South 216th St., Des 
Moines, WA 98198; telephone: 206-231-3958; email: <a href="/cdn-cgi/l/email-protection#024e776b712c432c416d707667782f4f776c6b78426463632c656d74"><span class="__cf_email__" data-cfemail="5519203c267b147b163a2721302f7818203b3c2f153334347b323a23">[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 a report indicating that an operator found a 
5-inch crack on the right wing upper wing skin at wing station (WSTA) 
460. The report was related to a 777-300ER airplane that had 69,000 
flight hours and 8,600 flight cycles. It has been determined that 
combined local stresses caused by contributions from the main landing 
gear beam outboard support fitting tab out and the pad-up were larger 
than anticipated, contributing to premature fatigue cracking, and that 
existing inspections do not provide sufficient crack detection 
opportunities for the wing skin. An undetected upper wing skin crack, 
if not addressed, could result in the inability of the primary 
structural element to sustain limit load and could adversely affect the 
structural integrity of the airplane, resulting in loss of control of 
the aircraft.

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 777-57A0125 RB, 
dated July 25, 2023. This service information specifies procedures for 
repetitive inspections for cracking of the upper wing skin common to 
certain fasteners and applicable on-condition actions. On-condition 
actions include 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. For information on the procedures and compliance times, 
see this service information at regulations.gov under Docket No. FAA-
2023-2151.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 323 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.................  40 work-hours x $85          * $1,480  $4,880 per inspection  $1,576,240 per
                               per hour = $3,400                      cycle.                 inspection cycle.
                               per inspection cycle.
----------------------------------------------------------------------------------------------------------------
* An inspection kit is required.

    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition repairs specified in this proposed AD.
    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

[[Page 80218]]

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-2023-2151; Project Identifier AD-
2023-00984-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by January 2, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 777 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 of a 5-inch crack on the right 
wing upper wing skin at wing station (WSTA) 460. The FAA is issuing 
this AD to address the possibility of an undetected upper wing skin 
crack. The unsafe condition, if not addressed, could result in the 
inability of the primary structural element to sustain limit load 
and could adversely affect the structural integrity of the airplane, 
resulting in loss of control of the aircraft.

(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 777-57A0125 RB, dated July 25, 2023, do 
all applicable actions identified in, and in accordance with, the 
Accomplishment Instructions of Boeing Alert Requirements Bulletin 
777-57A0125 RB, dated July 25, 2023.

    Note 1 to paragraph (g): Guidance for accomplishing the actions 
required by this AD can be found in Boeing Alert Service Bulletin 
777-57A0125, dated July 25, 2023, which is referred to in Boeing 
Alert Requirements Bulletin 777-57A0125 RB, dated July 25, 2023.

(h) Exceptions to Service Information Specifications

    (1) Where Boeing Alert Requirements Bulletin 777-57A0125 RB, 
dated July 25, 2023, uses the phrase ``the original issue date of 
Requirements Bulletin 777-57A0125 RB,'' this AD requires using ``the 
effective date of this AD.''
    (2) Where Boeing Alert Requirements Bulletin 777-57A0125 RB, 
dated July 25, 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 (j) of this AD.

(i) Terminating Action for Repetitive Inspections

    Accomplishment of a repair specified in the Accomplishment 
Instructions of Boeing Alert Requirements Bulletin 777-57A0125 RB, 
dated July 25, 2023, terminates the repetitive inspections required 
by paragraph (g) of this AD at the repaired location only.

(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) 
of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#1c25315d5251314f797d68687079315d5f53315d51535f314e796d69796f686f5c7a7d7d327b736a"><span class="__cf_email__" data-cfemail="efd6c2aea1a2c2bc8a8e9b9b838ac2aeaca0c2aea2a0acc2bd8a9e9a8a9c9b9caf898e8ec1888099">[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.

(k) Related Information

    For more information about this AD, contact Luis Cortez-Muniz, 
Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA 
98198; telephone: 206-231-3958; email: <a href="/cdn-cgi/l/email-protection#561a233f2578177815392422332c7b1b23383f2c1630373778313920"><span class="__cf_email__" data-cfemail="08447d617b2649264b677a7c6d7225457d666172486e6969266f677e">[email protected]</span></a>.

(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 777-57A0125 RB, dated 
July 25, 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 material at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email <a href="/cdn-cgi/l/email-protection#f29480dc9b9c81829791869b9d9cb29c938093dc959d84"><span class="__cf_email__" data-cfemail="c0a6b2eea9aeb3b0a5a3b4a9afae80aea1b2a1eea7afb6">[email protected]</span></a>.

    Issued on November 13, 2023.
Caitlin Locke,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2023-25340 Filed 11-16-23; 8:45 am]
BILLING CODE 4910-13-P


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