Airworthiness Directives; The Boeing Company Airplanes

• Published date: 22 April 2024
• Citation: 89 FR 29274
• Pages: 29274-29277
• FR Document: 2024-08392
• Section: Proposed rules
• Issuer: Transportation Department,Federal Aviation Administration

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.

Proposed RulesFederal Register

29274

Vol. 89, No. 78

Monday, April 22, 2024

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA–2023–1053; Project

Identifier AD–2023–00164–T]

RIN 2120–AA64

Airworthiness Directives; The Boeing

Company Airplanes

AGENCY

: Federal Aviation

Administration (FAA), DOT.

ACTION

: Supplemental notice of

proposed rulemaking (SNPRM).

SUMMARY

: The FAA is revising a notice

of proposed rulemaking NPRM that

would have applied to certain The

Boeing Company Model 757–200,

–200CB, and –200PF series airplanes.

This action revises the NPRM by

revising the compliance times for

certain airplanes. The FAA is proposing

this airworthiness directive (AD) to

address the unsafe condition on these

products. Since these actions would

impose an additional burden over that

in the NPRM, the FAA is requesting

comments on this SNPRM.

DATES

: The FAA must receive comments

on this SNPRM by June 6, 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–2023–1053; 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 SNPRM, any comments

received, and other information. The

street address for Docket Operations is

listed above.

Material Incorporated by Reference:

•For Boeing material, 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.

•You may view this material 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–2023–1053.

FOR FURTHER INFORMATION CONTACT

:

Wayne Ha, Aviation Safety Engineer,

FAA, 2200 South 216th Street, Des

Moines, WA 98198; phone: 562–627–

5238; email: wayne.ha@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–2023–1053; Project Identifier AD–

2023–00164–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 again revise 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 proposed AD.

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 SNPRM

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 SNPRM, 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 SNPRM. Submissions containing

CBI should be sent Wayne Ha, Aviation

Safety Engineer, FAA, 2200 South 216th

Street, Des Moines, WA 98198; phone:

562–627–5238; email: wayne.ha@

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 issued an NPRM to amend

14 CFR part 39 by adding an AD that

would apply to certain The Boeing

Company Model 757–200, –200CB, and

–200PF series airplanes. The NPRM

published in the Federal Register on

July 24, 2023 (88 FR 47402). The NPRM

was prompted by a crack growth

analysis, which indicated that current

inspections are not adequate to detect

cracks in certain sections of the upper

frame at the frame splice between

certain stringers before a single frame

fails. In the NPRM, the FAA proposed

to require an inspection or records

review for existing repairs; repetitive

inspections for cracks of the upper

frame at the frame splices between

certain stringers in certain sections, and

applicable on-condition actions.

Actions Since the NPRM Was Issued

Since the FAA issued the NPRM, it

was determined that the repetitive

inspection intervals for airplanes that

were modified by Aviation Partners

Boeing (APB) supplemental type

certificate (STC) ST01518SE need to be

revised.

Comments

The FAA received comments from

United Airlines who supported the

NPRM without change.

The FAA received additional

comments from APB, Federal Express

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(FedEx), Boeing, and United Parcel

Service (UPS). The following presents

the comments received on the NPRM

and the FAA’s response to each

comment.

Limited Organization Designation

Authorization (ODA) Approvals

APB stated that Boeing does not have

a delegation to approve repairs in areas

affected by the scimitar blended winglet

configuration of STC ST01518SE. APB

also commented that approval by The

Boeing Company ODA, as specified in

paragraph (i)(3) of the proposed AD,

may not be given for an alternative

method of compliance (AMOC) for

alternative inspections and corrective

actions in those areas, but such approval

must be obtained as specified in

paragraph (i)(1) of the proposed AD.

The FAA acknowledges and concurs

with APB’s assertions. However, no

change to this proposed AD is

necessary. Paragraph (h)(2) of this

proposed AD states that AMOC

approval be obtained using a method

approved in accordance with the

procedures specified in ‘‘paragraph (i)’’

of this proposed AD, and does not limit

approvals to the provisions of paragraph

(i)(1) or (3) of this proposed AD.

Therefore, AMOC approval in

accordance with paragraph (i)(1) or (3)

of this proposed AD would be provided

based on whether the actions needing

an AMOC apply to the APB design or

the Boeing design.

Request for Changing an Exception

APB requested changing the wording

in paragraph (h)(3) of the proposed AD

to clarify that it applies to airplanes

with winglet structural provisions

(original equipment manufacturer

(OEM) wingtips installed) or APB

winglets installed in accordance with

STC ST01518SE. APB stated the

compliance time exception in paragraph

(h)(3) of the proposed AD are identical

to the exceptions proposed by APB in a

service bulletin submitted to the FAA

for approval. APB noted that if the

compliance time exceptions are adopted

as proposed, paragraph (h)(3) of the

proposed AD would eliminate the need

for APB to publish supplemental service

information.

The FAA agrees the compliance times

should be the same for all airplanes that

have been modified using STC

ST01518SE. However, there is no FAA-

approved APB service bulletin to

address the unsafe condition, nor does

the FAA have adequate justification to

allow the repetitive inspection interval

specified in the NPRM. Therefore, the

FAA has revised paragraph (h)(3) of this

proposed AD to specify that, for all

airplanes modified using STC

ST01518SE the compliance times must

be divided by a factor of two. Under the

provisions of paragraph (i) of this

proposed AD, the FAA will consider

requests for approval of alternative

actions and compliance times if

sufficient data are submitted to

substantiate that the change would

provide an acceptable level of safety.

Request To Change Requirements for

Certain Airplanes

FedEx requested the proposed AD be

revised to allow using alternative

compliance methods and times for its

airplanes. FedEx noted that its 757 fleet

has been modified using VT MAE STC

ST03562AT, which adds a main deck

cargo door to the aircraft. FedEx

requested modifications to the

requirements for Groups 1, 2, and 3

airplanes, allowing it to use alternative

figures, repetitive intervals, and

compliance methods.

The FAA disagrees with the request

because the commenter did not provide

adequate substantiation that using the

proposed alternative compliance

methods and times adequately

addresses the identified unsafe

condition. However, under the

provisions of paragraph (i) of this

proposed AD, the FAA will consider

requests for approval of alternative

compliance methods or times if

sufficient data are submitted to

substantiate that the new compliance

methods and times would provide an

acceptable level of safety. The FAA has

not changed this proposed AD in this

regard.

Request for Change to Related Service

Information Under 1 CFR Part 51

Boeing requested the FAA revise a

sentence in the Related Service

Information under 1 CFR part 51 to read

as follows: ‘‘... for repetitive high

frequency eddy current (HFEC) and low

frequency eddy current (LFEC)

inspections for cracking of the upper

frames and splice doublers at the frame

splices.’’ Boeing noted that, for

airplanes in Group 4, 5, and 6, it is a

requirement to inspect both the frame

and splice doublers. Boeing stated the

proposed change will clarify that

inspection of the splice doublers is

required for some airplanes.

The FAA agrees with the commenter

for the reasons provided and has revised

the proposed AD accordingly.

Request To Clarify Repairs Requiring

Additional Action

UPS requested that the FAA clarify

the proposed AD regarding the repairs

found during the required general visual

inspection (GVI) or maintenance records

review. UPS stated Boeing Alert

Requirements Bulletin 757–53A0115

RB, dated January 25, 2022, does not

fully define ‘‘any repair.’’ UPS stated

that Boeing 757–200PF Structural

Repair Manual (SRM) 53–00–01–1A–1

allows for smooth dents, edge and

surface blends, and plugging of removed

damage areas in the frame web within

the affected inspection area. UPS added

that the repairs within the SRM

allowable limits have no supplemental

inspections, so such repairs do not

appreciably affect damage tolerance of

the fuselage frames. UPS stated that it

believes the intent of the GVI or

maintenance records review is to

identify and report existing reinforcing

repairs that may affect damage tolerance

of the frame. UPS therefore requested

the addition of paragraph (h)(4) of the

proposed AD, stating ‘‘Where Boeing

Alert Requirements Bulletin 757–

53A0115 RB, dated January 25, 2022,

uses the phrase ‘‘any repair,’’ this AD

requires using ‘‘any reinforcing repair.’’

The FAA disagrees with the

commenter’s request. The FAA has no

way of knowing the type or extent of

repairs that might be on a given airplane

or how those repairs would impact the

actions required by this AD. Therefore,

any existing repair, including any non-

reinforced repair, needs to be evaluated

for any potential effect on the inspection

requirements. The FAA has not changed

this proposed AD in this regard.

FAA’s Determination

The FAA is proposing this AD after

determining the unsafe condition

described previously is likely to exist or

develop in other products of the same

type design. Certain changes described

above expand the scope of the NPRM.

As a result, it is necessary to reopen the

comment period to provide additional

opportunity for the public to comment

on this SNPRM.

Related Service Information Under 1

CFR Part 51

The FAA reviewed Boeing Alert

Requirements Bulletin 757–53A0115

RB, dated January 25, 2022. This service

information specifies procedures for a

GVI or records review between stringers

S–13 and S–14 in Sections 43 and 46 for

existing repairs. This service

information also describes procedures,

depending on the configuration, for

repetitive HFEC and LFEC inspections

for cracking of the upper frames and

splice doublers at the frame splices

between stringers S–13 and S–14, left-

and right-hand sides, in Sections 43 and

46; and applicable on-condition actions.

On-condition actions include repair.

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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

SNPRM

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 by

searching for and locating Docket No.

FAA–2023–1053.

Costs of Compliance

The FAA estimates that this AD, if

adopted as proposed, would affect 456

airplanes of U.S. registry. The FAA

estimates the following costs to comply

with this proposed AD:

E

STIMATED

C

OSTS

Action Labor cost Parts cost Cost per product Cost on U.S.

operators

GVI....................................2 work-hours × $85 per hour = $170

per inspection cycle.$0 $170 per inspection cycle$77,520 per inspection

cycle.

Repetitive Inspections.......Up to 267 work-hour × $85 per hour =

Up to $22,695 per inspection cycle.0 Up to $22,695 per inspec-

tion cycle.Up to $10,348,920 per in-

spection 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

■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–

2023–1053; Project Identifier AD–2023–

00164–T.

(a) Comments Due Date

The FAA must receive comments on this

airworthiness directive (AD) by June 6, 2024.

(b) Affected ADs

None.

(c) Applicability

This AD applies to The Boeing Company

Model 757–200, –200CB, and –200PF series

airplanes, certificated in any category, as

identified in Boeing Alert Requirements

Bulletin 757–53A0115 RB, dated January 25,

2022.

(d) Subject

Air Transport Association (ATA) of

America Code 53, Fuselage.

(e) Unsafe Condition

This AD was prompted by a crack growth

analysis, which indicated that current

inspections are not adequate to detect cracks

in the Sections 43 and 46 upper frame at the

frame splice between stringers S–13 and S–

14 before a single frame fails. The FAA is

issuing this AD to address cracking at the

upper frames common to the splice at

stringers S–13 to S–14, which could interact

with fuselage skin cracking at the stringer S–

14 lap splice. The unsafe condition, if not

addressed, could result in the inability of a

principal structural element to sustain limit

loads, and could adversely affect the

structural integrity of the airplane.

(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 757–53A0115 RB,

dated January 25, 2022, do all applicable

actions identified in, and in accordance with,

the Accomplishment Instructions of Boeing

Alert Requirements Bulletin 757–53A0115

RB, dated January 25, 2022.

Note 1 to paragraph (g): Guidance for

accomplishing the actions required by this

AD can be found in Boeing Alert Service

Bulletin 757–53A0115, dated January 25,

2022, which is referred to in Boeing Alert

Requirements Bulletin 757–53A0115 RB,

dated January 25, 2022.

(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–

53A0115 RB, dated January 25, 2022, use the

phrase ‘‘the original issue date of

Requirements Bulletin 757–53A0115 RB,’’

this AD requires using the effective date of

this AD.

(2) Where Boeing Alert Requirements

Bulletin 757–53A0115 RB, dated January 25,

2022, specifies contacting Boeing for repair

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instructions or for alternative inspections:

This AD requires doing the repair and doing

the alternative inspections and applicable on-

condition actions using a method approved

in accordance with the procedures specified

in paragraph (i) of this AD.

(3) For airplanes on which winglet

structural provisions (original equipment

manufacturer (OEM) wingtips) or Aviation

Partners Boeing (APB) winglets have been

installed in accordance with APB

Supplemental Type Certificate (STC)

ST01518SE: This AD requires dividing the

applicable compliance times and repeat

intervals specified in the ‘‘Compliance’’

paragraph of Boeing Requirements Bulletin

757–53A0115 RB, dated January 25, 2022, by

a factor of two.

(i) 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 (j)(1) of this AD.

Information may be emailed to: AMOC@

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, 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 Wayne Ha, Aviation Safety Engineer,

Continued Operational Safety Branch, FAA,

2200 South 216th Street, Des Moines, WA

98198; phone: 562–627–5238; email:

wayne.ha@faa.gov.

(2) Service information identified in this

AD that is not incorporated by reference is

available at the address specified in

paragraph (k)(3) of this AD.

(k) 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

757–53A0115 RB, dated January 25, 2022.

(ii) [Reserved]

(3) For Boeing service information, 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 material 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 April 16, 2024.

Victor Wicklund,

Deputy Director, Compliance & Airworthiness

Division, Aircraft Certification Service.

[FR Doc. 2024–08392 Filed 4–19–24; 8:45 am]

BILLING CODE 4910–13–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[EPA–R09–OAR–2024–0142; FRL–11848–

01–R9]

Air Plan Approval; California; Antelope

Valley Air Quality Management District

and Mojave Desert Air Quality

Management District

AGENCY

: Environmental Protection

Agency (EPA).

ACTION

: Proposed rule.

SUMMARY

: The Environmental Protection

Agency (EPA) is proposing to approve

revisions to the Antelope Valley Air

Quality Management District

(AVAQMD) and the Mojave Desert Air

Quality Management District

(MDAQMD) portions of the California

State Implementation Plan (SIP)

concerning rules submitted to address

section 185 of the Clean Air Act (CAA

or the Act) with respect to the 1979 1-

hour ozone National Ambient Air

Quality Standards (NAAQS or

standard). We are proposing action on

these local rules that were submitted as

equivalent alternatives to a statutory

section 185 program. We are taking

comments on this proposal and plan to

follow with a final action.

DATES

: Comments must be received on

or before May 22, 2024.

ADDRESSES

: Submit your comments,

identified by Docket ID No. EPA–R09–

OAR–2024–0142 at http://

www.regulations.gov. For comments

submitted at Regulations.gov, follow the

online instructions for submitting

comments. Once submitted, comments

cannot be edited or removed from

Regulations.gov. The EPA may publish

any comment received to its public

docket. Do not submit electronically any

information you consider to be

Confidential Business Information (CBI)

or other information whose disclosure is

restricted by statute. Multimedia

submissions (audio, video, etc.) must be

accompanied by a written comment.

The written comment is considered the

official comment and should include

discussion of all points you wish to

make. The EPA will generally not

consider comments or comment

contents located outside of the primary

submission (i.e., on the web, cloud, or

other file sharing system). For

additional submission methods, please

contact the person identified in the

FOR

FURTHER INFORMATION CONTACT

section.

For the full EPA public comment policy,

information about CBI or multimedia

submissions, and general guidance on

making effective comments, please visit

http://www.epa.gov/dockets/

commenting-epa-dockets. If you need

assistance in a language other than

English or if you are a person with

disabilities who needs a reasonable

accommodation at no cost to you, please

contact the person identified in the

FOR

FURTHER INFORMATION CONTACT

section.

FOR FURTHER INFORMATION CONTACT

:

Donnique Sherman, EPA Region IX, 75

Hawthorne St., San Francisco, CA

94105. By phone: (415) 947–4129 or by

email at sherman.donnique@epa.gov.

SUPPLEMENTARY INFORMATION

:

Throughout this document, ‘‘we,’’ ‘‘us,’’

and ‘‘our’’ refer to the EPA.

Table of Contents

I. Background

A. Section 185 Fees

B. Mojave Desert AQMD and Antelope

Valley AQMD

II. The State’s Submittal

A. What rules did the State submit?

B. Are there other versions of these rules?

C. What is the purpose of the submitted

rules?

III. EPA’s Evaluation and Action

A. How is the EPA evaluating these rules?

B. Do these rules meet the evaluation

criteria?

i. Addressing September 29, 2022 Action

(87 FR 59021) Deficiencies

ii. Evaluation of MDAQMD Rule 315 and

AVAQMD Rule 315 Alternative Section

185 Fee Equivalent Programs

C. Proposed Action and Public Comment

IV. Incorporation by Reference

V. Statutory and Executive Order Reviews

I. Background

A. Section 185 Fees

Under sections 182(d)(3), (e), (f) and

185 of the Act, states with ozone

nonattainment areas classified as Severe

or Extreme are required to submit a

revision to the SIP that would require

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