[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 [www.gpo.gov]
[FR Doc No: 2023-28004]


========================================================================
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.

========================================================================


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).

-----------------------------------------------------------------------

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 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-2023-2395; 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 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-2023-2395.

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 
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 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 regulations.gov 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 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

[[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 www.archives.gov/federal-register/cfr/ibr-locations 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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