Airworthiness Directives; Boeing Airplanes, 31469-31472 [2023-10624]

Download as PDF Federal Register / Vol. 88, No. 95 / Wednesday, May 17, 2023 / Rules and Regulations under 5 U.S.C. 8414(b)(1)(B) and Sec. 1313(b)(5) of Pub. L. 107–296, 116 Stat. 2135; Secs. 842.304 and 842.305 also issued under Sec. 321(f) of Pub. L. 107–228, 116 Stat. 1383; Secs. 842.604 and 842.611 also issued under 5 U.S.C. 8417; Sec. 842.607 also issued under 5 U.S.C. 8416 and 8417; Sec. 842.614 also issued under 5 U.S.C. 8419; Sec. 842.615 also issued under 5 U.S.C. 8418; Sec. 842.703 also issued under Sec. 7001(a)(4) of Pub. L. 101– 508, 104 Stat. 1388; Sec. 842.707 also issued under Sec. 6001 of Pub. L. 100–203, 101 Stat. 1300; Sec. 842.708 also issued under Sec. 4005 of Pub. L. 101–239, 103 Stat. 2106, and Sec. 7001 of Pub. L. 101–508, 104 Stat. 1388; Subpart H also issued under 5 U.S.C. 1104; Sec. 842.810 also issued under Sec. 636 of Appendix C to Pub. L. 106–554 at 114 Stat. 2763A–164; Sec. 842.811 also issued under Sec. 226(c)(2) of Pub. Law 108–176, 117 Stat. 2529; Subpart J also issued under Sec. 535(d) of Title V of Division E of Pub. L. 110–161, 121 Stat. 2042; Pub. L. 115–352, 132 Stat. 5067 (5 U.S.C. 101); Sec. 5001 of Pub. L. 112– 96 at 126 Stat. 199; 5 U.S.C. 8401; 5 U.S.C. 8415. 5. Revise § 842.406 to read as follows: ddrumheller on DSK120RN23PROD with RULES1 § 842.406 Members of Congress and Congressional Employees. (a) The annuity of a congressional employee or Member who is first covered by FERS on or before December 31, 2012, and who has had at least 5 years of service as a congressional employee, Member, or any combination thereof totaling 5 years is— (1) One and seven-tenths percent of average pay multiplied by the total number of years of service as a Member and/or congressional employee not exceeding 20 years; plus (2) One percent of average pay multiplied by the years of service other than that of a Member and/or congressional employee. (b) Except as provided in paragraph (c) of this section, the annuity of a congressional employee or Member who is first covered by FERS after December 31, 2012, or Member re-elected with less than 5 years of FERS service after December 31, 2012, and who has had at least 5 years of service as a congressional employee, Member, or any combination thereof totaling 5 years is 1 percent of average pay multiplied by total service. (c) The annuity of a congressional employee or Member is 1.1 percent of average pay multiplied by total service, provided the congressional employee or Member— (1) Has completed 20 years of service; and VerDate Sep<11>2014 16:18 May 16, 2023 [FR Doc. 2023–09972 Filed 5–16–23; 8:45 am] BILLING CODE 6325–38–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2023–1048; Project Identifier AD–2023–00620–A,T; Amendment 39–22440; AD 2023–10–04] RIN 2120–AA64 Airworthiness Directives; Boeing Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. AGENCY: The FAA is adopting a new airworthiness directive (AD) for all Boeing Model B–17E, B–17F, and B– 17G airplanes. This AD was prompted by a report indicating that the left front spar lower fitting had completely separated at the wing-to-fuselage joint, and the equivalent joint on the right side of the airplane was cracked. This AD requires inspections of the wing terminal-to-spar chord joints, and repair if necessary. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective June 1, 2023. The FAA must receive comments on this AD by July 3, 2023. 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 by searching for and locating Docket No. FAA–2023– 1048; 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 final rule, any comments received, and other information. The street address for Docket Operations is listed above. SUMMARY: Subpart D—Computations ■ (2) Is at least age 62 at the time of separation on which entitlement to an annuity is based. Jkt 259001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 31469 For more information about this AD, contact Eric Schrieber, Aerospace Engineer, Airframe Section, FAA, Airframe Section, West Certification Branch, 3960 Paramount Boulevard, Lakewood, CA 90712–4137; phone 562–627–5348; email Eric.Schrieber@faa.gov. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Background During walk-around checks performed in 2021 prior to takeoff of a Model B–17 airplane, it was discovered that the left wing had shifted away from the fuselage by about 2 inches. Further investigation was conducted when both wings were removed in 2023 and found complete separation of the left front spar lower fitting at the wing-to-fuselage joint as well as additional cracking on the equivalent joint on the right side of the airplane. This condition, if not addressed, could result in fatigue cracking of the wing terminal-to-spar chord joints, which could result in loss of control of the airplane and reduced structural integrity of the airplane. The FAA is issuing this AD to address the unsafe condition on these products. AD 2001–22–06, Amendment 39– 12485 (66 FR 54111, October 26, 2001), requires an inspection of the holes in the spar chord at the same location where the cracks were recently discovered in the steel fitting. However, that inspection has not been effective in reliably detecting cracks in the steel fitting inside the spar chord tube. For this reason, the FAA has determined that a new inspection procedure is required. Some of these airplanes are operated under experimental airworthiness certificates. The FAA has intentionally included these airplanes in the applicability of this AD because of the risks associated with passenger-carrying operations frequently conducted by these airplanes. FAA’s Determination The FAA is issuing this AD because the agency has determined the unsafe condition described previously is likely to exist or develop in other products of the same type design. AD Requirements This AD requires inspections of the wing terminal-to-spar chord joints to detect cracking and corrosion, using one of two options: • a magnetic particle inspection of the terminal fittings and an eddy current inspection of the spar chord, or • an eddy current bolt hole inspection on the steel terminal fittings and the aluminum spar chord. E:\FR\FM\17MYR1.SGM 17MYR1 31470 Federal Register / Vol. 88, No. 95 / Wednesday, May 17, 2023 / Rules and Regulations This AD also requires repairing cracking and corrosion and sending all inspection results (both positive and negative) to the FAA. Interim Action The FAA considers this AD to be an interim action. The inspection reports that are required by this AD will enable the FAA to obtain better insight into the nature, cause, and extent of the discrepancies found on the affected airplanes. The information from the reports will help the FAA evaluate the risk to develop a long-term solution that will address the unsafe condition. Once final action has been identified, the FAA might consider further rulemaking. Justification for Immediate Adoption and Determination of the Effective Date Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 U.S.C. 551 et seq.) authorizes agencies to dispense with notice and comment procedures for rules when the agency, for ‘‘good cause,’’ finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under this section, an agency, upon finding good cause, may issue a final rule without providing notice and seeking comment prior to issuance. Further, section 553(d) of the APA authorizes agencies to make rules effective in less than thirty days, upon a finding of good cause. An unsafe condition exists that requires the immediate adoption of this AD without providing an opportunity for public comments prior to adoption. The FAA has found that the risk to the flying public justifies forgoing notice and comment prior to adoption of this rule because fatigue cracking of the wing terminal-to-spar chord joints could result in loss of control of the aircraft and reduced structural integrity of the airplane. Accordingly, notice and opportunity for prior public comment are impracticable and contrary to the public interest pursuant to 5 U.S.C. 553(b)(3)(B). In addition, the FAA finds that good cause exists pursuant to 5 U.S.C. 553(d) for making this amendment effective in less than 30 days, for the same reasons the FAA found good cause to forgo notice and comment. Comments Invited The FAA invites you to send any written data, views, or arguments about this final rule. Send your comments to an address listed under ADDRESSES. Include Docket No. FAA–2023–1048 and Project Identifier AD–2023–00620– A,T at the beginning of your comments. The most helpful comments reference a specific portion of the final rule, 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 final rule 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 final rule. 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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Eric Schrieber, Aerospace Engineer, Airframe Section, FAA, Airframe Section, West Certification Branch, 3960 Paramount Boulevard, Lakewood, CA 90712–4137; phone 562–627–5348; email Eric.Schrieber@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. Regulatory Flexibility Act The requirements of the Regulatory Flexibility Act (RFA) do not apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and comment. Because the FAA has determined that it has good cause to adopt this rule without notice and comment, RFA analysis is not required. Costs of Compliance The FAA estimates that this AD affects 18 airplanes of U.S. registry. Of those, only 3 are currently in flying condition and several others are undergoing restoration. The FAA is also aware of one additional aircraft in operation in the United Kingdom. The FAA estimates the following costs to comply with this AD: ESTIMATED COSTS Action Labor cost Parts cost Inspections * ............................ Reporting ................................ 25 work-hours × $85 per hour = $2,125 ................................ 1 work-hour × $85 per hour = $85 ......................................... $25 0 Cost per product $2,150 85 Cost on U.S. operators $38,700 1,530 ddrumheller on DSK120RN23PROD with RULES1 * Estimates are provided for the eddy current bolt hole inspections of the most inboard fastener only. Although this AD provides two inspection options for compliance, only the cost estimates for the eddy current bolt hole inspections are provided. The FAA has received no definitive data on which to base the cost estimates for the magnetic particle inspection. Further, the magnetic particle inspection requires major disassembly, whereas the bolt hole inspections require only disassembling one bolt. Therefore, the VerDate Sep<11>2014 16:18 May 16, 2023 Jkt 259001 FAA predicts most operators will choose to do the eddy current bolt hole inspections, which do not require major disassembly. The FAA has received no definitive data on which to base the cost estimates for the on-condition repairs specified in this AD. PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 Paperwork Reduction Act A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid OMB Control Number. The OMB E:\FR\FM\17MYR1.SGM 17MYR1 Federal Register / Vol. 88, No. 95 / Wednesday, May 17, 2023 / Rules and Regulations Control Number for this information collection is 2120–0056. Public reporting for this collection of information is estimated to be approximately 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, completing and reviewing the collection of information. All responses to this collection of information are mandatory. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Information Collection Clearance Officer, Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177–1524. 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. ddrumheller on DSK120RN23PROD with RULES1 Regulatory Findings This AD will not have federalism implications under Executive Order 13132. This AD will 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 that this AD: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866, and (2) Will not affect intrastate aviation in Alaska. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. VerDate Sep<11>2014 16:18 May 16, 2023 Jkt 259001 The Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 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: ■ 2023–10–04 Boeing: Amendment 39–22440; Docket No. FAA–2023–1048; Project Identifier AD–2023–00620–A,T. (a) Effective Date This airworthiness directive (AD) is effective June 1, 2023. (b) Affected ADs None. (c) Applicability This AD applies to all Boeing Model B– 17E, B–17F, and B–17G 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 indicating that the wing of one airplane had shifted away from the fuselage by about 2 inches, and the left front spar lower fitting had completely separated at the wing-tofuselage joint, and additional cracking was found on the equivalent joint on the right side of the airplane. The FAA is issuing this AD to address these conditions, which, if not addressed, could result in loss of control of the airplane and reduced structural integrity of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Inspection Before further flight: Perform inspections to detect cracking and corrosion by doing the actions specified in either paragraph (g)(1) or (2) of this AD. No action is required by this AD if all wing terminal fittings have been inspected in accordance with paragraph (b)(1) of AD 2001–22–06, Amendment 39– 12485 (66 FR 54111, October 26, 2001), and, as of the effective date of this AD, no more than 10 years or 2,500 flight hours have accumulated since that inspection. (1) Separate all 8 wing terminal-to-spar chord joints (wings off) and perform a magnetic particle inspection of the steel terminal fittings and an eddy current inspection of the 8 inboard holes in the end of the spar chord, in accordance with PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 31471 procedures approved by the Manager, West Certification Branch, FAA. (2) On the left and right lower forward terminal fitting-to-spar chord joint assemblies, remove the most inboard fastener common to the spar cord and the terminal fitting, and do an eddy current bolt hole inspection on the steel terminal fittings and on the aluminum spar chord in accordance with procedures approved by the Manager, West Certification Branch, FAA. (h) Repair If any cracking or corrosion is found during the inspections required by paragraph (g) of this AD, repair before further flight using a method approved by the Manager, West Certification Branch, FAA. (i) Report At the applicable time specified in paragraph (i)(1) or (2) of this AD, submit a report of all findings (positive and negative) from the inspections required by paragraph (g) of this AD. The report must include a statement that no discrepancies were found or a description of any discrepancies found including the condition of the wing terminalto-spar chord joints (terminal fitting and spar chord), the inspection procedure used, the airplane serial number, and the number of flight hours on the airplane. Submit the report to Eric Schrieber, Senior Engineer, West Certification Branch Airframe Section, email Eric.Schrieber@faa.gov. (1) If the inspection was done on or after the effective date of this AD: Submit the report within 10 days after the inspection. (2) If the inspection was done before the effective date of this AD: Submit the report within 10 days after the effective date of this AD. (j) Alternative Methods of Compliance (AMOCs) (1) The Manager, West Certification 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-ANMLAACO-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. (k) Related Information For more information about this AD, contact Eric Schrieber, Aerospace Engineer, Airframe Section, FAA, Airframe Section, West Certification Branch, 3960 Paramount Boulevard, Lakewood, CA 90712–4137; phone 562–627–5348; email Eric.Schrieber@ faa.gov. (l) Material Incorporated by Reference None. E:\FR\FM\17MYR1.SGM 17MYR1 31472 Federal Register / Vol. 88, No. 95 / Wednesday, May 17, 2023 / Rules and Regulations Issued on May 12, 2023. Gaetano A. Sciortino, Acting Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2023–10624 Filed 5–15–23; 4:15 pm] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2022–1656; Project Identifier AD–2022–01081–A; Amendment 39–22422; AD 2023–08–07] FOR FURTHER INFORMATION CONTACT: RIN 2120–AA64 Airworthiness Directives; Allied Ag Cat Productions, Inc. Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: The FAA is adopting a new airworthiness directive (AD) for Allied Ag Cat Productions, Inc. (Allied Ag Cat) Model G–164A and G–164B airplanes with certain supplemental type certificates (STCs) installed. This AD was prompted by an accident involving an Allied Ag Cat Model G–164B airplane where the airplane’s propeller pitch control (PPC) linkage detached from the PPC of the engine and resulted in an accident that significantly damaged the airplane and injured the pilot. This AD requires installing a secondary retention feature (bolt, washer, and safety wire) on the PPC lever and the PPC assembly. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective June 21, 2023. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of June 21, 2023. ADDRESSES: AD Docket: You may examine the AD docket at regulations.gov by searching for and locating Docket No. FAA–2022– 1656; 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 final rule, any comments received, and other information. The address for Docket Operations is U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. Material Incorporated by Reference: • For service information identified in this final rule, contact Honeywell ddrumheller on DSK120RN23PROD with RULES1 16:18 May 16, 2023 Justin Carter, Aviation Safety Engineer, Fort Worth ACO Branch, FAA, 10101 Hillwood Parkway, Fort Worth, TX 76177; phone: (817) 222–5146; email: justin.carter@faa.gov. SUPPLEMENTARY INFORMATION: Background SUMMARY: VerDate Sep<11>2014 International, Inc., 111 South 34th Street, Phoenix, AZ 85034; phone: (800) 601–3099; website: aerospace.honeywell.com. • You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 901 Locust, Kansas City, MO 64106. For information on the availability of this material at the FAA, call (817) 222–5110. It is also available at regulations.gov by searching for and locating Docket No. FAA–2022–1656. Jkt 259001 The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to Allied Ag Cat Model G–164A and G–164B airplanes with certain STCs installed. The NPRM published in the Federal Register on December 28, 2022 (87 FR 79821). The NPRM was prompted by a report of an accident involving an Allied Ag Cat Model G– 164 airplane where the airplane’s PPC linkage detached from the PPC of the engine. The pilot sustained serious injuries, and the airplane was substantially damaged. The root cause was determined to be a lack of a secondary retention feature for the PPC of the engine. In the NPRM, the FAA proposed to require installing a secondary retention feature (bolt, washer, and safety wire) on the PPC lever and the PPC assembly. The FAA is issuing this AD to address the unsafe condition on these products. This condition, if not addressed, could result in reduced control of the airplane. Aircraft configurations for airplanes with the potential for this condition to exist are as follows: • Model G–164A airplanes with STC No. SA7769SW, SA7966SW, or SA8720SW installed; and • Model G–164B airplanes with STC No. SA7546SW, SA7966SW, SA7987SW, or SA8720SW installed. Discussion of Final Airworthiness Directive Comments The FAA received two comments from Honeywell, Inc. (Honeywell). The following presents the comments received on the NPRM and the FAA’s response to each comment. PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 Request To Clarify Unsafe Condition Honeywell requested that paragraph (e), Unsafe Condition, of the proposed AD be revised to specify ‘‘detachment of the airplane’s propeller pitch control linkage (PPC)’’ instead of ‘‘detachment of the propeller pitch control (PPC) linkage.’’ The commenter explained that this change would differentiate the linkage of the aircraft type design from the linkage of the engine type design. The FAA agrees and revised paragraph (e) of this AD accordingly. The FAA also revised the SUMMARY and Background sections of this final rule to clarify detachment of the airplane’s PPC. Request To Revise Paragraph (g) of the Proposed AD Honeywell requested that the FAA delete the last sentence, ‘‘Part reidentification is required only if rework is done’’ from paragraph (g), Install Secondary Retention Feature, of the proposed AD. The commenter explained that this sentence could be misinterpreted as negating reidentification instructions that are included elsewhere in Honeywell Service Bulletin TPE331–72–2190, Revision 0, dated December 21, 2011. The commenter noted that the intent of this sentence is adequately addressed by ‘‘After the rework is completed, reidentify the part number of the PPC assembly, cam assembly, and shouldered shaft . . .’’ which is also in paragraph (g) of the proposed AD. The FAA agrees and deleted ‘‘Part reidentification is required only if rework is done’’ from paragraph (g) of this AD. Conclusion The FAA reviewed the relevant data, considered any comments received, and determined that air safety requires adopting this AD as proposed. Accordingly, the FAA is issuing this AD to address the unsafe condition on these products. Except for changes described previously, this AD is adopted as proposed in the NPRM. None of the changes will increase the economic burden on any operator. Related Service Information Under 1 CFR Part 51 The FAA reviewed Honeywell Service Bulletin TPE331–72–2190, Revision 0, dated December 21, 2011. This service information identifies the affected PPC assemblies and applicable engines, and specifies procedures for reworking the affected PPC assemblies to incorporate a threaded hole in the splined end of the shouldered shaft. This service information is reasonably available because the interested parties have E:\FR\FM\17MYR1.SGM 17MYR1

Agencies

[Federal Register Volume 88, Number 95 (Wednesday, May 17, 2023)]
[Rules and Regulations]
[Pages 31469-31472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10624]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1048; Project Identifier AD-2023-00620-A,T; 
Amendment 39-22440; AD 2023-10-04]
RIN 2120-AA64


Airworthiness Directives; Boeing Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Boeing Model B-17E, B-17F, and B-17G airplanes. This AD was prompted by 
a report indicating that the left front spar lower fitting had 
completely separated at the wing-to-fuselage joint, and the equivalent 
joint on the right side of the airplane was cracked. This AD requires 
inspections of the wing terminal-to-spar chord joints, and repair if 
necessary. The FAA is issuing this AD to address the unsafe condition 
on these products.

DATES: This AD is effective June 1, 2023.
    The FAA must receive comments on this AD by July 3, 2023.

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 by 
searching for and locating Docket No. FAA-2023-1048; 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 final rule, any 
comments received, and other information. The street address for Docket 
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: For more information about this AD, 
contact Eric Schrieber, Aerospace Engineer, Airframe Section, FAA, 
Airframe Section, West Certification Branch, 3960 Paramount Boulevard, 
Lakewood, CA 90712-4137; phone 562-627-5348; email 
[email protected].

SUPPLEMENTARY INFORMATION: 

Background

    During walk-around checks performed in 2021 prior to takeoff of a 
Model B-17 airplane, it was discovered that the left wing had shifted 
away from the fuselage by about 2 inches. Further investigation was 
conducted when both wings were removed in 2023 and found complete 
separation of the left front spar lower fitting at the wing-to-fuselage 
joint as well as additional cracking on the equivalent joint on the 
right side of the airplane. This condition, if not addressed, could 
result in fatigue cracking of the wing terminal-to-spar chord joints, 
which could result in loss of control of the airplane and reduced 
structural integrity of the airplane. The FAA is issuing this AD to 
address the unsafe condition on these products.
    AD 2001-22-06, Amendment 39-12485 (66 FR 54111, October 26, 2001), 
requires an inspection of the holes in the spar chord at the same 
location where the cracks were recently discovered in the steel 
fitting. However, that inspection has not been effective in reliably 
detecting cracks in the steel fitting inside the spar chord tube. For 
this reason, the FAA has determined that a new inspection procedure is 
required.
    Some of these airplanes are operated under experimental 
airworthiness certificates. The FAA has intentionally included these 
airplanes in the applicability of this AD because of the risks 
associated with passenger-carrying operations frequently conducted by 
these airplanes.

FAA's Determination

    The FAA is issuing this AD because the agency has determined the 
unsafe condition described previously is likely to exist or develop in 
other products of the same type design.

AD Requirements

    This AD requires inspections of the wing terminal-to-spar chord 
joints to detect cracking and corrosion, using one of two options:
     a magnetic particle inspection of the terminal fittings 
and an eddy current inspection of the spar chord, or
     an eddy current bolt hole inspection on the steel terminal 
fittings and the aluminum spar chord.

[[Page 31470]]

    This AD also requires repairing cracking and corrosion and sending 
all inspection results (both positive and negative) to the FAA.

Interim Action

    The FAA considers this AD to be an interim action. The inspection 
reports that are required by this AD will enable the FAA to obtain 
better insight into the nature, cause, and extent of the discrepancies 
found on the affected airplanes. The information from the reports will 
help the FAA evaluate the risk to develop a long-term solution that 
will address the unsafe condition. Once final action has been 
identified, the FAA might consider further rulemaking.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies forgoing notice and comment prior to adoption of this rule 
because fatigue cracking of the wing terminal-to-spar chord joints 
could result in loss of control of the aircraft and reduced structural 
integrity of the airplane. Accordingly, notice and opportunity for 
prior public comment are impracticable and contrary to the public 
interest pursuant to 5 U.S.C. 553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5 
U.S.C. 553(d) for making this amendment effective in less than 30 days, 
for the same reasons the FAA found good cause to forgo notice and 
comment.

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include Docket No. FAA-2023-1048 and Project Identifier AD-
2023-00620-A,T at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, 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 final rule 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 final rule.

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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Eric 
Schrieber, Aerospace Engineer, Airframe Section, FAA, Airframe Section, 
West Certification Branch, 3960 Paramount Boulevard, Lakewood, CA 
90712-4137; phone 562-627-5348; email [email protected]. Any 
commentary that the FAA receives that is not specifically designated as 
CBI will be placed in the public docket for this rulemaking.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not 
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt 
a rule without prior notice and comment. Because the FAA has determined 
that it has good cause to adopt this rule without notice and comment, 
RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 18 airplanes of U.S. 
registry. Of those, only 3 are currently in flying condition and 
several others are undergoing restoration. The FAA is also aware of one 
additional aircraft in operation in the United Kingdom. The FAA 
estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspections *......................  25 work-hours x $85 per                 $25          $2,150         $38,700
                                      hour = $2,125.
Reporting..........................  1 work-hour x $85 per hour                0              85           1,530
                                      = $85.
----------------------------------------------------------------------------------------------------------------
* Estimates are provided for the eddy current bolt hole inspections of the most inboard fastener only.

    Although this AD provides two inspection options for compliance, 
only the cost estimates for the eddy current bolt hole inspections are 
provided. The FAA has received no definitive data on which to base the 
cost estimates for the magnetic particle inspection. Further, the 
magnetic particle inspection requires major disassembly, whereas the 
bolt hole inspections require only disassembling one bolt. Therefore, 
the FAA predicts most operators will choose to do the eddy current bolt 
hole inspections, which do not require major disassembly.
    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition repairs specified in this AD.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to a penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a currently valid OMB Control Number. The OMB

[[Page 31471]]

Control Number for this information collection is 2120-0056. Public 
reporting for this collection of information is estimated to be 
approximately 1 hour per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, completing and reviewing the collection of 
information. All responses to this collection of information are 
mandatory. Send comments regarding this burden estimate or any other 
aspect of this collection of information, including suggestions for 
reducing this burden to: Information Collection Clearance Officer, 
Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 
76177-1524.

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

    This AD will not have federalism implications under Executive Order 
13132. This AD will 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 that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 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:

2023-10-04 Boeing: Amendment 39-22440; Docket No. FAA-2023-1048; 
Project Identifier AD-2023-00620-A,T.

(a) Effective Date

    This airworthiness directive (AD) is effective June 1, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Boeing Model B-17E, B-17F, and B-17G 
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 indicating that the wing of one 
airplane had shifted away from the fuselage by about 2 inches, and 
the left front spar lower fitting had completely separated at the 
wing-to-fuselage joint, and additional cracking was found on the 
equivalent joint on the right side of the airplane. The FAA is 
issuing this AD to address these conditions, which, if not 
addressed, could result in loss of control of the airplane and 
reduced structural integrity of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Inspection

    Before further flight: Perform inspections to detect cracking 
and corrosion by doing the actions specified in either paragraph 
(g)(1) or (2) of this AD. No action is required by this AD if all 
wing terminal fittings have been inspected in accordance with 
paragraph (b)(1) of AD 2001-22-06, Amendment 39-12485 (66 FR 54111, 
October 26, 2001), and, as of the effective date of this AD, no more 
than 10 years or 2,500 flight hours have accumulated since that 
inspection.
    (1) Separate all 8 wing terminal-to-spar chord joints (wings 
off) and perform a magnetic particle inspection of the steel 
terminal fittings and an eddy current inspection of the 8 inboard 
holes in the end of the spar chord, in accordance with procedures 
approved by the Manager, West Certification Branch, FAA.
    (2) On the left and right lower forward terminal fitting-to-spar 
chord joint assemblies, remove the most inboard fastener common to 
the spar cord and the terminal fitting, and do an eddy current bolt 
hole inspection on the steel terminal fittings and on the aluminum 
spar chord in accordance with procedures approved by the Manager, 
West Certification Branch, FAA.

(h) Repair

    If any cracking or corrosion is found during the inspections 
required by paragraph (g) of this AD, repair before further flight 
using a method approved by the Manager, West Certification Branch, 
FAA.

(i) Report

    At the applicable time specified in paragraph (i)(1) or (2) of 
this AD, submit a report of all findings (positive and negative) 
from the inspections required by paragraph (g) of this AD. The 
report must include a statement that no discrepancies were found or 
a description of any discrepancies found including the condition of 
the wing terminal-to-spar chord joints (terminal fitting and spar 
chord), the inspection procedure used, the airplane serial number, 
and the number of flight hours on the airplane. Submit the report to 
Eric Schrieber, Senior Engineer, West Certification Branch Airframe 
Section, email [email protected].
    (1) If the inspection was done on or after the effective date of 
this AD: Submit the report within 10 days after the inspection.
    (2) If the inspection was done before the effective date of this 
AD: Submit the report within 10 days after the effective date of 
this AD.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, West Certification 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 [email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the responsible Flight Standards Office.

(k) Related Information

    For more information about this AD, contact Eric Schrieber, 
Aerospace Engineer, Airframe Section, FAA, Airframe Section, West 
Certification Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-
4137; phone 562-627-5348; email [email protected].

(l) Material Incorporated by Reference

    None.


[[Page 31472]]


    Issued on May 12, 2023.
Gaetano A. Sciortino,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-10624 Filed 5-15-23; 4:15 pm]
BILLING CODE 4910-13-P
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