[Federal Register Volume 87, Number 69 (Monday, April 11, 2022)]
[Proposed Rules]
[Pages 21032-21034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07596]


========================================================================
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. 87, No. 69 / Monday, April 11, 2022 / 
Proposed Rules

[[Page 21032]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0159; Project Identifier AD-2021-01019-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 757 airplanes. This proposed AD was 
prompted by a report of cracks found in the fastener holes at a certain 
location on the center wing box rear spar, lower skin. This proposed AD 
would require repetitive inspections for cracking of certain areas of 
the center wing box rear spar, lower skin and lower chord; and repair. 
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 May 26, 
2022.

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 https://www.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.
    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; internet https://www.myboeingfleet.com. You may 
view this referenced 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 https://www.regulations.gov by searching for and locating Docket No. FAA-2022-
0159.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0159; 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.

FOR FURTHER INFORMATION CONTACT: Peter Jarzomb, Aerospace Engineer, 
Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount 
Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5234; email: 
<a href="/cdn-cgi/l/email-protection#c8b8adbcadbae6a2a9bab2a7a5aa88aea9a9e6afa7be"><span class="__cf_email__" data-cfemail="adddc8d9c8df83c7ccdfd7c2c0cfedcbcccc83cac2db">[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-2022-0159; Project Identifier 
AD-2021-01019-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 
https://www.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 Peter 
Jarzomb, Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO 
Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-
627-5234; email: <a href="/cdn-cgi/l/email-protection#d4a4b1a0b1a6fabeb5a6aebbb9b694b2b5b5fab3bba2"><span class="__cf_email__" data-cfemail="b7c7d2c3d2c599ddd6c5cdd8dad5f7d1d6d699d0d8c1">[email protected]</span></a>. Any commentary that the FAA 
receives which is not specifically designated as CBI will be placed in 
the public docket for this rulemaking.

Background

    The FAA has received a report of cracks found in the fastener holes 
at the center wing box rear spar, lower skin, located at left body 
buttock line (LBBL) 6.50, on a Model 737-300 airplane. The lower skin 
cracks were hidden between the center wing box lower chord on the upper 
surface and the keel beam upper chord on the lower surface. An analysis 
by Boeing showed the same condition can occur on Model 757 airplanes. 
This condition, if not addressed, could result in the inability of a 
principal structural element to sustain limit load, which could 
adversely affect the structural integrity of the airplane.

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.

[[Page 21033]]

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Requirements Bulletin 757-57A0075 RB, 
dated August 25, 2021. This service information specifies procedures 
for repetitive external high-frequency eddy current (HFEC) or internal 
detailed inspections for cracking in the center wing box rear spar, 
lower skin, and lower chord between LBBL 9.5 and 39.0 and right body 
buttock line (RBBL) 9.5 and 39.0; repetitive internal ultrasonic 
inspection of the center wing box lower chord and detailed inspections 
of the lower skin at the rear spar between LBBL 5.5 and LBBL 9.5, and 
between RBBL 5.5 and RBBL 9.5 for cracking; repetitive internal 
detailed inspection of the center wing box lower skin and rear spar 
lower chord between LBBL 5.5 and RBBL 5.5 for any cracking; and 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 https://www.regulations.gov by searching for and 
locating Docket No. FAA-2022-0159.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 477 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                  Parts
            Action                Labor cost       cost        Cost per product         Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
HFEC inspection or detailed    Up to 19 work-         $0  $1,615 per inspection       Up to $770,355 per
 inspection (between LBBL 9.5   hours x $85 per            cycle.                      inspection cycle.
 and 39.0 and RBBL 9.5 and      hour = Up to
 39.0).                         $1,615 per
                                inspection
                                cycle.
Ultrasonic and detailed        19 work-hours x         0  $1,615 per inspection       $770,355 per inspection
 inspection.                    $85 per hour =             cycle.                      cycle.
                                $1,615 per
                                inspection
                                cycle.
Detailed inspection (between   18 work-hour x          0  $1,530 per inspection       $729,810 per inspection
 LBBL 5.5 and 9.5 and RBBL      $85 per hour =             cycle.                      cycle.
 5.5 and 9.5).                  $1,530 per
                                inspection
                                cycle.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition repairs 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 adding the following new airworthiness 
directive:

The Boeing Company: Docket No. FAA-2022-0159; Project Identifier AD-
2021-01019-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by May 26, 2022.

(b) Affected ADs

    None.

(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 a report of cracks found in the fastener 
holes at a certain location on the center wing box rear spar, lower 
skin. The FAA is issuing this AD to detect and correct cracking 
that, if undetected, could result in the inability of a principal 
structural element to sustain limit load, which could adversely 
affect the structural integrity of the airplane.

[[Page 21034]]

(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 757-57A0075 RB, dated August 25, 2021, 
do all applicable actions identified in, and in accordance with, the 
Accomplishment Instructions of Boeing Alert Requirements Bulletin 
757-57A0075 RB, dated August 25, 2021.
    Note 1 to paragraph (g): Guidance for accomplishing the actions 
required by this AD can be found in Boeing Alert Service Bulletin 
757-57A0075, dated August 25, 2021, which is referred to in Boeing 
Alert Requirements Bulletin 757-57A0075 RB, dated August 25, 2021.

(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-
57A0075 RB, dated August 25, 2021, use the phrase ``the original 
issue date of Requirements Bulletin 757-57A0075 RB,'' this AD 
requires using ``the effective date of this AD.''
    (2) Where Boeing Alert Requirements Bulletin 757-57A0075 RB, 
dated August 25, 2021, 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 (i) of this AD.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles ACO 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 (j) of this AD. Information may be 
emailed to: <a href="/cdn-cgi/l/email-protection#b98094f8f7f494f5f8f8faf694f8f4f6fa94ebdcc8ccdccacdcaf9dfd8d897ded6cf"><span class="__cf_email__" data-cfemail="61584c202f2c4c2d2020222e4c202c2e224c3304101404121512210700004f060e17">[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, Los 
Angeles ACO 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.

(j) Related Information

    (1) For more information about this AD, contact Peter Jarzomb, 
Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch, 
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5234; email: <a href="/cdn-cgi/l/email-protection#4131243524336f2b20333b2e2c23012720206f262e37"><span class="__cf_email__" data-cfemail="2050455445520e4a41525a4f4d42604641410e474f56">[email protected]</span></a>.
    (2) 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; internet https://www.myboeingfleet.com. You may view this referenced 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.

    Issued on March 10, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-07596 Filed 4-8-22; 8:45 am]
BILLING CODE 4910-13-P


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