Airworthiness Directives; The Boeing Company Airplanes, 33294-33297 [2024-09019]
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33294
Federal Register / Vol. 89, No. 83 / Monday, April 29, 2024 / Proposed Rules
(1) navigate to the docket folder (NRC–
2024–0034); (2) click the ‘‘Subscribe’’
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Dated: April 9, 2024.
For the Nuclear Regulatory Commission.
Raymond Furstenau,
Acting Executive Director for Operations.
[FR Doc. 2024–08509 Filed 4–26–24; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–1488; Project
Identifier AD–2023–00182–T]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Supplemental notice of
proposed rulemaking (SNPRM).
AGENCY:
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Comments Invited
The FAA is revising a notice
of proposed rulemaking (NPRM) that
applied to certain The Boeing Company
Model 757–200, –200CB, and –200PF
series airplanes. This action revises the
NPRM by adding airplanes to the
applicability. 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 13, 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–2023–1488; or in person at
Docket Operations between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The AD docket
SUMMARY:
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16:16 Apr 26, 2024
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contains this SNPRM, any comments
received, and other information. The
street address for Docket Operations is
listed above.
Material Incorporated by Reference:
• For service information identified
in this SNPRM, 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 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–2023–1488.
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:
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–2023–1488; Project Identifier AD–
2023–00182–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
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Sfmt 4702
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 to 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 The Boeing Company
Model 757–200, –200CB, and –200PF
series airplanes. The NPRM published
in the Federal Register on August 4,
2023 (88 FR 51745). The NPRM was
prompted by a report of cracks found at
the main deck cargo door cutout
forward and aft hinge attachment holes.
In the NPRM, the FAA proposed to
require a maintenance record check for
repairs at the forward and aft hinge
areas of the main deck cargo door
cutout; repetitive open-hole high
frequency eddy current (HFEC)
inspections for cracks in the unrepaired
areas of the bear strap, skin, doubler,
and upper sill chord at the main deck
cargo door forward and aft hinge
attachment holes; and corrective actions
including obtaining and following
procedures for alternative inspections
and crack repairs.
Actions Since the NPRM Was Issued
Since the FAA issued the NPRM, the
FAA determined that airplanes that
have been modified from a passenger to
a freighter configuration using VT
Mobile Aerospace Engineering (VT
MAE) Supplemental Type Certificate
(STC) ST03562AT, ST03952AT, or
ST04242AT were inadvertently omitted
in the NPRM.
Comments
The FAA received comments from VT
MAE, FedEx Express (FedEx), United
Parcel Service (UPS), Boeing, Aviation
Partners Boeing (APB), and two
individuals. The following presents the
comments received on the NPRM and
the FAA’s response to each comment.
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Federal Register / Vol. 89, No. 83 / Monday, April 29, 2024 / Proposed Rules
Effect of Winglets on Accomplishment
of the Proposed Actions
APB stated that accomplishing STC
ST01518SE on 757–200 passenger
airplanes that have been converted to
freighters using Boeing STC
ST00916WI–D does not affect the
actions specified in the proposed rule.
The FAA agrees with the commenter.
The FAA has redesignated paragraph (c)
of the proposed AD as paragraph (c)(1)
of this proposed AD and added
paragraph (c)(2) of this proposed AD to
state that installation of STC ST01518SE
does not affect the ability to accomplish
the actions required by this proposed
AD. Therefore, for airplanes on which
APB STC ST01518SE is installed, a
‘‘change in product’’ alternative method
of compliance (AMOC) approval request
is not necessary to comply with the
requirements of 14 CFR 39.17.
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Request To Add Actions for Certain
Airplanes
FedEx asked for clarification
regarding what actions should be done
on its fleet. FedEx noted that its
airplanes were converted to freighters
using VT MAE STC ST03562AT and
were not included in the proposed AD
due to this conversion. FedEx stated
that the intent of the proposed AD
applies to its fleet since the STC is
based on the design of Boeing 757–200
special freighter (SF) airplanes. VT MAE
noted that the installation of the main
deck cargo door hinge using VT MAE
STCs ST03562AT, ST03952A, and
ST04242AT is identical to Boeing 757–
200 SF airplanes (those converted using
Boeing STC ST00916WI–D). FedEx and
VT MAE proposed to use the actions
and compliance times specified for
Group 2 airplanes as identified in
Boeing Alert Requirements Bulletin
757–53A0106 RB, dated January 3,
2023, for airplanes modified under one
of the specified VT MAE STCs. The
commenters noted that this would
include an initial action time related to
the time since the aircraft was converted
to a freighter.
The FAA agrees that the 757–200
airplanes that have been modified under
VT MAE STCs ST03562AT,
ST03952AT, and ST04242AT are
affected by the identified unsafe
condition and has revised paragraph
(c)(1) of this proposed AD to include
airplanes modified using those STCs. At
this time, whether the VT MAE and
Boeing STCs are identical in the areas
affected by this proposed AD or using
the compliance methods and times for
Group 2 airplanes adequately addresses
the identified unsafe condition has not
been determined. Therefore, the FAA
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16:16 Apr 26, 2024
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has redesignated paragraph (g) of the
proposed AD as paragraph (g)(1) of this
proposed AD and added paragraph
(g)(2) of this proposed AD to specify the
applicable compliance times and
actions for those airplanes. However,
under the provisions of paragraph (i) of
this AD, the FAA will consider requests
for alternative compliance times or
methods if sufficient data are provided
to substantiate the request. The FAA is
seeking comments on the applicable
compliance time and actions for
airplanes modified with one of the
identified VT MAE STCs. The
applicable compliance times and
actions for those airplanes may change
depending upon comments and data the
FAA may receive and review.
Request for Additional Information on
Requirements and Unsafe Condition
Two individuals requested that the
proposed AD specify the location and
size of the liner holes that need to be
inspected, as well as the acceptable
tolerance for the hole diameter and the
plug fit; guidance on how to repair
cracks if they are found, such as the
type and size of the fasteners, sealants,
and patches to be used; a compliance
time for the inspections and repairs,
based on the number of flight cycles and
flight hours of the airplane; and the
reason for the unplugged liner holes and
how they cause stress concentration and
cracks. The commenters stated that this
information would help operators to
perform the inspections more accurately
and consistently, ensure that the repairs
are done in accordance with the Boeing
standards and specifications, prioritize
the most critical aircraft while
preventing further crack propagation,
and educate operators and maintenance
personnel on how to prevent the
problem.
The FAA agrees to clarify. The
inspection requirements, compliance
times, and repair instructions are
addressed in Boeing Alert Requirements
Bulletin 757–53A0106 RB, dated
January 3, 2023, which is mandated by
paragraph (g) of this proposed AD. This
service information is available in the
docket for interested parties.
Additionally, the NPRM provided
details on the cause of the identified
unsafe condition and how to address it.
No change is necessary to this proposed
AD.
Request To Require Replacement of
Skin Panel Under Certain Conditions
The individual commenters suggested
that the proposed AD should specify
that if the cracks exceed a specified
maximum allowable length or
maximum allowable width, as specified
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33295
in the Boeing 757 Structural Repair
Manual, then the affected area must be
replaced with a new section of skin
panel. The commenters added that the
replacement procedure must follow any
instructions and drawings provided by
Boeing, the new section must be
inspected for proper installation and fit,
and the replacement must be done
before further flight. One individual
stated that the repair should be
universal for all affected models.
The FAA does not agree with the
commenters’ request. If any crack is
found, this proposed AD requires
repairing it; there is no maximum
allowable length or width for cracking.
The crack repair instructions are
addressed in Boeing Alert Requirements
Bulletin 757–53A0106 RB, dated
January 3, 2023, which is required by
paragraph (g) of this proposed AD. If an
operator finds any cracks, they must
follow the procedures outlined in
paragraph (h)(2) of this proposed AD to
obtain customized repair instructions.
No change is necessary to this proposed
AD.
Request To Clarify Repairs Requiring
Additional Actions
UPS requested that the FAA clarify
the proposed AD regarding the repairs
found during the required maintenance
record check. UPS noted that Boeing
Alert Requirements Bulletin 757–
53A0106 RB, dated January 3, 2023,
requires a maintenance record check for
‘‘any repair’’ at the forward and aft
hinge areas of the main deck cargo door
cutout. UPS stated that Boeing 757–
200PF Structural Repair Manual (SRM)
53–00–01–1A–1 allows for smooth
dents, edge and surface blends, and
rivet plugging of lightning strike or
small hole damage in accordance with
SRM 53–00–01–2R–6. UPS added that
rivet plugs using solid rivets are a
Category A repair with no supplemental
inspections, so any repairs within the
SRM allowable limits and small damage
repair do not appreciably affect damage
tolerance of the fuselage skin at the door
cutout and surround structure.
Additionally, UPS noted the potential
for non-reinforcing repairs (dents,
blends, etc.) that are beyond SRM
allowable limits but approved by Boeing
to remain as-is without supplemental
inspections. UPS stated that it believes
the intent of the maintenance record
check is to identify and report existing
reinforcing and freeze plug repairs in
the inspection areas that may affect
damage tolerance of the skin and door
surround structure. UPS added that
Boeing confirmed this intent in Boeing
Message SRID 4–5882455484. UPS
therefore requested that the proposed
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Federal Register / Vol. 89, No. 83 / Monday, April 29, 2024 / Proposed Rules
AD be revised to require using ‘‘any
reinforcing or freeze plug repair’’ in lieu
of ‘‘any repair.’’
The FAA does not agree 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 nonreinforced repair, needs to be evaluated
for any potential effect on the inspection
requirements. No change is necessary to
this proposed AD.
Request To Revise Certain Wording
Boeing requested the FAA to revise
the Background section and paragraph
(e) of the proposed AD to clarify the
affected structure and align the wording
with the service information. Boeing
requested that verbiage regarding what
prompted the proposed AD be revised to
specify ‘‘cargo deck cutout’’ rather than
‘‘cargo deck.’’ Boeing also requested that
verbiage regarding the possible effects of
undetected cracks be revised to specify
‘‘cargo door hinge area’’ rather than
‘‘cargo door hinge.’’.
The FAA agrees with the commenter’s
request. The FAA has revised the
Background section and paragraph (e) of
this proposed AD accordingly.
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 757–53A0106
RB, dated January 3, 2023. This service
information specifies procedures for a
maintenance record check for repairs at
the forward and aft hinge areas of the
main deck cargo door cutout; repetitive
open-hole HFEC inspections for cracks
in the unrepaired areas of the bear strap,
skin, doubler, and upper sill chord at
the main deck cargo door forward and
aft hinge attachment holes; and
corrective actions including obtaining
and following procedures for alternative
inspections and crack repairs.
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–2023–1488.
Costs of Compliance
The FAA estimates that this AD, if
adopted as proposed, would affect 564
airplanes of U.S. registry. The FAA
estimates the following costs to comply
with this proposed AD:
ESTIMATED COSTS
Action
Labor cost
Parts cost
Maintenance record check ...
HFEC inspections ................
1 work-hour * × $85 per hour = $85 .....
26 work-hours × $85 per hour =
$2,210, per inspection cycle.
Cost per product
$0
0
$85 ...................................
2,210 per inspection cycle
Cost on U.S. operators
$47,940
1,246,440 per inspection
cycle
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* The time to do the maintenance record check will vary by operator but would likely take no more than 1 work-hour per airplane.
The FAA has received no definitive
data on which to base the cost estimates
for the on-condition actions specified in
this proposed AD.
develop on products identified in this
rulemaking action.
Authority for This Rulemaking
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.
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
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Regulatory Findings
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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–
2023–1488; Project Identifier AD–2023–
00182–T.
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Federal Register / Vol. 89, No. 83 / Monday, April 29, 2024 / Proposed Rules
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by June 13,
2024.
(b) Affected ADs
None.
(h) Exceptions to Service Information
Specifications
(c) Applicability
(1) This AD applies to The Boeing
Company Model 757–200, –200CB, and
–200PF series airplanes specified in
paragraph (c)(1)(i) or (ii) of this AD,
certificated in any category.
(i) Airplanes identified in Boeing Alert
Requirements Bulletin 757–53A0106 RB,
dated January 3, 2023.
(ii) Airplanes converted to a freighter
configuration using VT MAE Supplemental
Type Certificate (STC) ST03562AT,
ST03952AT, or ST04242AT.
(2) Installation of STC ST01518SE does not
affect the ability to accomplish the actions
required by this AD. Therefore, for airplanes
on which STC ST01518SE is installed, a
‘‘change in product’’ alternative method of
compliance (AMOC) approval request is not
necessary to comply with the requirements of
14 CFR 39.17.
(d) Subject
Air Transport Association (ATA) of
America Code 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by a report
indicating an operator has found cracks on
three Model 757–200PF airplanes at the main
deck cargo door cutout forward and aft hinge
attachment holes. The FAA is issuing this AD
to detect and correct cracks in the main deck
cargo door hinge area. Undetected cracks in
the main deck cargo door hinge area could
result in reduced structural integrity of the
aircraft.
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(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Required Actions
(1) For the airplanes identified in
paragraph (c)(1)(i) of this AD: Except as
specified by paragraph (h) of this AD, at the
applicable times specified in the
‘‘Compliance’’ paragraph of Boeing Alert
Requirements Bulletin 757–53A0106 RB,
dated January 3, 2023, do all applicable
actions identified in, and in accordance with,
the Accomplishment Instructions of Boeing
Alert Requirements Bulletin 757–53A0106
RB, dated January 3, 2023.
Note 1 to paragraph (g)(1): Guidance for
accomplishing the actions required by this
AD can be found in Boeing Alert Service
Bulletin 757–53A0106, dated January 3,
2023, which is referred to in Boeing Alert
Requirements Bulletin 757–53A0106 RB,
dated January 3, 2023.
(2) For the airplanes identified in
paragraph (c)(1)(ii) of this AD: Within 30
days after the effective date of this AD, do a
maintenance record check for any repair at
the forward and aft hinge areas of the main
deck cargo door cutout and obtain inspection
instructions and applicable repair
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16:16 Apr 26, 2024
instructions using a method approved by the
Manager, AIR–520, Continued Operational
Safety Branch, FAA. Comply with all
applicable instructions at the time specified
in the instructions.
Jkt 262001
(1) Where the Compliance Time columns
of the tables in the ‘‘Compliance’’ paragraph
of Boeing Alert Requirements Bulletin 757–
53A0106 RB, dated January 3, 2023, use the
phrase the original issue date of
Requirements Bulletin 757–53A0106 RB, this
AD requires using the effective date of this
AD.
(2) Where Boeing Alert Requirements
Bulletin 757–53A0106 RB, dated January 3,
2023, specifies contacting Boeing for repair
instructions or for alternative inspections,
this AD requires doing the repair, or doing
the alternative inspections and applicable oncondition actions 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, 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,
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.
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33297
(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
757–53A0106 RB, dated January 3, 2023.
(ii) [Reserved]
(3) For service information identified in
this AD, contact Boeing Commercial
Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd.,
MC 110–SK57, Seal Beach, CA 90740–5600;
telephone 562–797–1717; website
myboeingfleet.com.
(4) You may view this service information
at the FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th
St., Des Moines, WA. For information on the
availability of this material at the FAA, call
206–231–3195.
(5) You may view this material at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
visit www.archives.gov/federal-register/cfr/
ibr-locations or email fr.inspection@nara.gov.
Issued on April 23, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2024–09019 Filed 4–26–24; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2024–1009; Project
Identifier MCAI–2023–01221–T]
RIN 2120–AA64
Airworthiness Directives; MHI RJ
Aviation ULC (Type Certificate
Previously Held by Bombardier, Inc.)
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for
certain MHI RJ Aviation ULC Model
CL–600–2D15 (Regional Jet Series 705)
and CL–600–2D24 (Regional Jet Series
900) airplanes. This proposed AD was
prompted by a report that torque
wrenches used during production
installation of bulkhead fittings on the
oxygen lines of the flight crew oxygen
mask stowage boxes and adapter fitting
on the oxygen pressure gauge were out
of calibration during production
installation, which resulted in a higher
torque level setting than required. This
proposed AD would require
replacement of the affected oxygen line
fittings, as specified in a Transport
Canada AD, which is proposed for
SUMMARY:
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Agencies
[Federal Register Volume 89, Number 83 (Monday, April 29, 2024)]
[Proposed Rules]
[Pages 33294-33297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09019]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1488; Project Identifier AD-2023-00182-T]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Supplemental notice of proposed rulemaking (SNPRM).
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SUMMARY: The FAA is revising a notice of proposed rulemaking (NPRM)
that applied to certain The Boeing Company Model 757-200, -200CB, and -
200PF series airplanes. This action revises the NPRM by adding
airplanes to the applicability. 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 13, 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-2023-1488; 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 service information identified in this SNPRM, 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 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-2023-1488.
FOR FURTHER INFORMATION CONTACT: Wayne Ha, Aviation Safety Engineer,
FAA, 2200 South 216th Street, Des Moines, WA 98198; phone: 562-627-
5238; email: [email protected].
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-2023-1488; Project Identifier
AD-2023-00182-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 to Wayne Ha, Aviation Safety Engineer, FAA, 2200 South 216th
Street, Des Moines, WA 98198; phone: 562-627-5238; 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.
Background
The FAA issued an NPRM to amend 14 CFR part 39 by adding an AD that
would apply to The Boeing Company Model 757-200, -200CB, and -200PF
series airplanes. The NPRM published in the Federal Register on August
4, 2023 (88 FR 51745). The NPRM was prompted by a report of cracks
found at the main deck cargo door cutout forward and aft hinge
attachment holes. In the NPRM, the FAA proposed to require a
maintenance record check for repairs at the forward and aft hinge areas
of the main deck cargo door cutout; repetitive open-hole high frequency
eddy current (HFEC) inspections for cracks in the unrepaired areas of
the bear strap, skin, doubler, and upper sill chord at the main deck
cargo door forward and aft hinge attachment holes; and corrective
actions including obtaining and following procedures for alternative
inspections and crack repairs.
Actions Since the NPRM Was Issued
Since the FAA issued the NPRM, the FAA determined that airplanes
that have been modified from a passenger to a freighter configuration
using VT Mobile Aerospace Engineering (VT MAE) Supplemental Type
Certificate (STC) ST03562AT, ST03952AT, or ST04242AT were inadvertently
omitted in the NPRM.
Comments
The FAA received comments from VT MAE, FedEx Express (FedEx),
United Parcel Service (UPS), Boeing, Aviation Partners Boeing (APB),
and two individuals. The following presents the comments received on
the NPRM and the FAA's response to each comment.
[[Page 33295]]
Effect of Winglets on Accomplishment of the Proposed Actions
APB stated that accomplishing STC ST01518SE on 757-200 passenger
airplanes that have been converted to freighters using Boeing STC
ST00916WI-D does not affect the actions specified in the proposed rule.
The FAA agrees with the commenter. The FAA has redesignated
paragraph (c) of the proposed AD as paragraph (c)(1) of this proposed
AD and added paragraph (c)(2) of this proposed AD to state that
installation of STC ST01518SE does not affect the ability to accomplish
the actions required by this proposed AD. Therefore, for airplanes on
which APB STC ST01518SE is installed, a ``change in product''
alternative method of compliance (AMOC) approval request is not
necessary to comply with the requirements of 14 CFR 39.17.
Request To Add Actions for Certain Airplanes
FedEx asked for clarification regarding what actions should be done
on its fleet. FedEx noted that its airplanes were converted to
freighters using VT MAE STC ST03562AT and were not included in the
proposed AD due to this conversion. FedEx stated that the intent of the
proposed AD applies to its fleet since the STC is based on the design
of Boeing 757-200 special freighter (SF) airplanes. VT MAE noted that
the installation of the main deck cargo door hinge using VT MAE STCs
ST03562AT, ST03952A, and ST04242AT is identical to Boeing 757-200 SF
airplanes (those converted using Boeing STC ST00916WI-D). FedEx and VT
MAE proposed to use the actions and compliance times specified for
Group 2 airplanes as identified in Boeing Alert Requirements Bulletin
757-53A0106 RB, dated January 3, 2023, for airplanes modified under one
of the specified VT MAE STCs. The commenters noted that this would
include an initial action time related to the time since the aircraft
was converted to a freighter.
The FAA agrees that the 757-200 airplanes that have been modified
under VT MAE STCs ST03562AT, ST03952AT, and ST04242AT are affected by
the identified unsafe condition and has revised paragraph (c)(1) of
this proposed AD to include airplanes modified using those STCs. At
this time, whether the VT MAE and Boeing STCs are identical in the
areas affected by this proposed AD or using the compliance methods and
times for Group 2 airplanes adequately addresses the identified unsafe
condition has not been determined. Therefore, the FAA has redesignated
paragraph (g) of the proposed AD as paragraph (g)(1) of this proposed
AD and added paragraph (g)(2) of this proposed AD to specify the
applicable compliance times and actions for those airplanes. However,
under the provisions of paragraph (i) of this AD, the FAA will consider
requests for alternative compliance times or methods if sufficient data
are provided to substantiate the request. The FAA is seeking comments
on the applicable compliance time and actions for airplanes modified
with one of the identified VT MAE STCs. The applicable compliance times
and actions for those airplanes may change depending upon comments and
data the FAA may receive and review.
Request for Additional Information on Requirements and Unsafe Condition
Two individuals requested that the proposed AD specify the location
and size of the liner holes that need to be inspected, as well as the
acceptable tolerance for the hole diameter and the plug fit; guidance
on how to repair cracks if they are found, such as the type and size of
the fasteners, sealants, and patches to be used; a compliance time for
the inspections and repairs, based on the number of flight cycles and
flight hours of the airplane; and the reason for the unplugged liner
holes and how they cause stress concentration and cracks. The
commenters stated that this information would help operators to perform
the inspections more accurately and consistently, ensure that the
repairs are done in accordance with the Boeing standards and
specifications, prioritize the most critical aircraft while preventing
further crack propagation, and educate operators and maintenance
personnel on how to prevent the problem.
The FAA agrees to clarify. The inspection requirements, compliance
times, and repair instructions are addressed in Boeing Alert
Requirements Bulletin 757-53A0106 RB, dated January 3, 2023, which is
mandated by paragraph (g) of this proposed AD. This service information
is available in the docket for interested parties. Additionally, the
NPRM provided details on the cause of the identified unsafe condition
and how to address it. No change is necessary to this proposed AD.
Request To Require Replacement of Skin Panel Under Certain Conditions
The individual commenters suggested that the proposed AD should
specify that if the cracks exceed a specified maximum allowable length
or maximum allowable width, as specified in the Boeing 757 Structural
Repair Manual, then the affected area must be replaced with a new
section of skin panel. The commenters added that the replacement
procedure must follow any instructions and drawings provided by Boeing,
the new section must be inspected for proper installation and fit, and
the replacement must be done before further flight. One individual
stated that the repair should be universal for all affected models.
The FAA does not agree with the commenters' request. If any crack
is found, this proposed AD requires repairing it; there is no maximum
allowable length or width for cracking. The crack repair instructions
are addressed in Boeing Alert Requirements Bulletin 757-53A0106 RB,
dated January 3, 2023, which is required by paragraph (g) of this
proposed AD. If an operator finds any cracks, they must follow the
procedures outlined in paragraph (h)(2) of this proposed AD to obtain
customized repair instructions. No change is necessary to this proposed
AD.
Request To Clarify Repairs Requiring Additional Actions
UPS requested that the FAA clarify the proposed AD regarding the
repairs found during the required maintenance record check. UPS noted
that Boeing Alert Requirements Bulletin 757-53A0106 RB, dated January
3, 2023, requires a maintenance record check for ``any repair'' at the
forward and aft hinge areas of the main deck cargo door cutout. UPS
stated that Boeing 757-200PF Structural Repair Manual (SRM) 53-00-01-
1A-1 allows for smooth dents, edge and surface blends, and rivet
plugging of lightning strike or small hole damage in accordance with
SRM 53-00-01-2R-6. UPS added that rivet plugs using solid rivets are a
Category A repair with no supplemental inspections, so any repairs
within the SRM allowable limits and small damage repair do not
appreciably affect damage tolerance of the fuselage skin at the door
cutout and surround structure. Additionally, UPS noted the potential
for non-reinforcing repairs (dents, blends, etc.) that are beyond SRM
allowable limits but approved by Boeing to remain as-is without
supplemental inspections. UPS stated that it believes the intent of the
maintenance record check is to identify and report existing reinforcing
and freeze plug repairs in the inspection areas that may affect damage
tolerance of the skin and door surround structure. UPS added that
Boeing confirmed this intent in Boeing Message SRID 4-5882455484. UPS
therefore requested that the proposed
[[Page 33296]]
AD be revised to require using ``any reinforcing or freeze plug
repair'' in lieu of ``any repair.''
The FAA does not agree 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. No change is necessary to this proposed AD.
Request To Revise Certain Wording
Boeing requested the FAA to revise the Background section and
paragraph (e) of the proposed AD to clarify the affected structure and
align the wording with the service information. Boeing requested that
verbiage regarding what prompted the proposed AD be revised to specify
``cargo deck cutout'' rather than ``cargo deck.'' Boeing also requested
that verbiage regarding the possible effects of undetected cracks be
revised to specify ``cargo door hinge area'' rather than ``cargo door
hinge.''.
The FAA agrees with the commenter's request. The FAA has revised
the Background section and paragraph (e) of this proposed AD
accordingly.
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 757-53A0106 RB,
dated January 3, 2023. This service information specifies procedures
for a maintenance record check for repairs at the forward and aft hinge
areas of the main deck cargo door cutout; repetitive open-hole HFEC
inspections for cracks in the unrepaired areas of the bear strap, skin,
doubler, and upper sill chord at the main deck cargo door forward and
aft hinge attachment holes; and corrective actions including obtaining
and following procedures for alternative inspections and crack repairs.
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-2023-1488.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 564 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs
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Cost on U.S.
Action Labor cost Parts cost Cost per product operators
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Maintenance record check......... 1 work-hour * x $85 $0 $85................ $47,940
per hour = $85.
HFEC inspections................. 26 work-hours x $85 0 2,210 per 1,246,440 per
per hour = $2,210, inspection cycle. inspection cycle
per inspection
cycle.
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* The time to do the maintenance record check will vary by operator but would likely take no more than 1 work-
hour per airplane.
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 adding the following new airworthiness
directive:
The Boeing Company: Docket No. FAA-2023-1488; Project Identifier AD-
2023-00182-T.
[[Page 33297]]
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by June 13, 2024.
(b) Affected ADs
None.
(c) Applicability
(1) This AD applies to The Boeing Company Model 757-200, -200CB,
and -200PF series airplanes specified in paragraph (c)(1)(i) or (ii)
of this AD, certificated in any category.
(i) Airplanes identified in Boeing Alert Requirements Bulletin
757-53A0106 RB, dated January 3, 2023.
(ii) Airplanes converted to a freighter configuration using VT
MAE Supplemental Type Certificate (STC) ST03562AT, ST03952AT, or
ST04242AT.
(2) Installation of STC ST01518SE does not affect the ability to
accomplish the actions required by this AD. Therefore, for airplanes
on which STC ST01518SE is installed, a ``change in product''
alternative method of compliance (AMOC) approval request is not
necessary to comply with the requirements of 14 CFR 39.17.
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by a report indicating an operator has
found cracks on three Model 757-200PF airplanes at the main deck
cargo door cutout forward and aft hinge attachment holes. The FAA is
issuing this AD to detect and correct cracks in the main deck cargo
door hinge area. Undetected cracks in the main deck cargo door hinge
area could result in reduced structural integrity of the aircraft.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
(1) For the airplanes identified in paragraph (c)(1)(i) of this
AD: Except as specified by paragraph (h) of this AD, at the
applicable times specified in the ``Compliance'' paragraph of Boeing
Alert Requirements Bulletin 757-53A0106 RB, dated January 3, 2023,
do all applicable actions identified in, and in accordance with, the
Accomplishment Instructions of Boeing Alert Requirements Bulletin
757-53A0106 RB, dated January 3, 2023.
Note 1 to paragraph (g)(1): Guidance for accomplishing the
actions required by this AD can be found in Boeing Alert Service
Bulletin 757-53A0106, dated January 3, 2023, which is referred to in
Boeing Alert Requirements Bulletin 757-53A0106 RB, dated January 3,
2023.
(2) For the airplanes identified in paragraph (c)(1)(ii) of this
AD: Within 30 days after the effective date of this AD, do a
maintenance record check for any repair at the forward and aft hinge
areas of the main deck cargo door cutout and obtain inspection
instructions and applicable repair instructions using a method
approved by the Manager, AIR-520, Continued Operational Safety
Branch, FAA. Comply with all applicable instructions at the time
specified in the instructions.
(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-
53A0106 RB, dated January 3, 2023, use the phrase the original issue
date of Requirements Bulletin 757-53A0106 RB, this AD requires using
the effective date of this AD.
(2) Where Boeing Alert Requirements Bulletin 757-53A0106 RB,
dated January 3, 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 (i) of this AD.
(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: [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.
(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, FAA, 2200 South 216th Street, Des Moines,
WA 98198; phone: 562-627-5238; email: [email protected].
(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 757-53A0106 RB, dated
January 3, 2023.
(ii) [Reserved]
(3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone 562-797-1717; website myboeingfleet.com.
(4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call 206-231-3195.
(5) You may view this material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].
Issued on April 23, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-09019 Filed 4-26-24; 8:45 am]
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