80216 Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Proposed Rules 

(1) Receiving funds for the purpose of 

transmitting them; or 

(2) Accepting and transmitting 

payment instructions. 

(B) Wallet functionality means a 

product or service that: 

(1) Stores account or payment 

credentials, including in encrypted or 

tokenized form; and 

(2) Transmits, routes, or otherwise 

processes such stored account or 

payment credentials to facilitate a 

consumer payment transaction. 

Digital application, for purposes of 

this subpart, means a software program 

a consumer may access through a 

personal computing device, including 

but not limited to a mobile phone, smart 

watch, tablet, laptop computer, desktop 

computer. Examples of digital 

applications covered by this definition 

include an application a consumer 

downloads to a personal computing 

device, a website a consumer accesses 

by using an internet browser on a 

personal computing device, or a 

program the consumer activates from a 

personal computing device using a 

consumer’s biometric identifier, such as 

a fingerprint, palmprint, face, eyes, or 

voice. 

General use, for purposes of this 

subpart, refers to the absence of 

significant limitations on the purpose of 

consumer payment transactions 

facilitated by the covered payment 

functionality provided through the 

digital consumer payment application. 

Restricting use of the covered payment 

functionality to person-to-person 

transfers is not an example of a 

significant limitation; such a covered 

payment functionality would have 

general use for purposes of this subpart. 

A payment functionality provided 

through a digital consumer payment 

application solely for the following 

consumer payment transactions would 

not have general use for purposes of this 

subpart: 

(A) For purchase or lease of a specific 

type of services, goods, or other 

property, such as one of the following: 

(1) Transportation; 

(2) Lodging; 

(3) Food; 

(4) An automobile as defined in 

§ 1090.108 of this subpart; 

(5) A dwelling or real property; 

(6) A consumer financial product or 

service as defined in 12 U.S.C. 5481(5); 

(B) Using accounts described in 

§ 1005.2(b)(3)(ii)(A), (C), or (D) of this 

chapter; 

(C) To pay a specific debt or type of 

debt including repayment of an 

extension of consumer credit; or 

(D) To split a charge for a specific 

type of goods or services (e.g., restaurant 

or other similar bill splitting). 

State means any State, territory, or 

possession of the United States; the 

District of Columbia; the 

Commonwealth of Puerto Rico; or any 

political subdivision thereof. 

(b) Test to define larger participants. 

A nonbank covered person is a larger 

participant of the general-use digital 

consumer payment application market if 

the nonbank covered person meets both 

of the following criteria: 

(1) It provides annual covered 

consumer payment transaction volume 

as defined in paragraph (b)(3) of this 

section of at least five million 

transactions; and 

(2) During the preceding calendar year 

it was not a ‘‘small business concern’’ as 

that term is defined by section 3(a) of 

the Small Business Act, 15 U.S.C. 632(a) 

and implemented by the Small Business 

Administration under 13 CFR part 121, 

or any successor provisions. 

(3) Annual covered consumer 

payment transaction volume means the 

sum of the number of consumer 

payment transactions that the nonbank 

covered person and its affiliated 

companies facilitated in the preceding 

calendar year by providing general-use 

digital consumer payment applications. 

(i) Aggregating the annual covered 

consumer payment transaction volume 

of affiliated companies. The annual 

covered consumer payment transaction 

volume of each affiliated company of a 

nonbank covered person is first 

calculated separately, treating the 

affiliated company as if it were an 

independent nonbank covered person 

for purposes of the calculation. The 

annual covered consumer payment 

transaction volume of a nonbank 

covered person then must be aggregated 

with the separately-calculated annual 

covered consumer payment transaction 

volume of any person that was an 

affiliated company of the nonbank 

covered person at any time in the 

preceding calendar year. However, if 

more than one affiliated company 

facilitates a single consumer payment 

transaction, that consumer payment 

transaction shall only be counted one 

time in the annual covered consumer 

payment volume calculation. The 

annual covered consumer payment 

transaction volumes of the nonbank 

covered person and its affiliated 

companies are aggregated for the entire 

preceding calendar year, even if the 

affiliation did not exist for the entire 

calendar year. 

Emily Ross, 

Executive Secretary, Consumer Financial 

Protection Bureau. 

[FR Doc. 2023–24978 Filed 11–16–23; 8:45 am] 

BILLING CODE 4810–AM–P 

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). 

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: 

• Federal eRulemaking Portal: Go to 

regulations.gov. Follow the instructions 

for submitting comments. 

• Fax: 202–493–2251. 

• 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. 

• 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: 

• 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. 


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Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Proposed Rules 80217 

• 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: Luis.A.Cortez-Muniz@faa.gov. 

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: 

Luis.A.Cortez-Muniz@faa.gov. 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

Action Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

Inspections ............ 40 work-hours × $85 per hour = 

$3,400 per inspection cycle.

* $1,480 $4,880 per inspection cycle ......... $1,576,240 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 


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80218 Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Proposed Rules 

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 

■ 1. The authority citation for part 39 

continues to read as follows: 

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

§ 39.13 [Amended] 

■ 2. The FAA amends § 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: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov. 

(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: Luis.A.Cortez-Muniz@faa.gov. 

(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 fr.inspection@nara.gov. 

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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