Unknown. Final rule; request for comments
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/register/2022/08/02/2022-16605A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
--- schema: federal-register doc_type: fedreg source_file: FR-2022-08-02.xml --- 87 147 Tuesday, August 2, 2022 Contents Agriculture Agriculture Department See Rural Housing Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 47183 2022-16532 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Comptroller Comptroller of the Currency NOTICES Policy Statement on Prudent Commercial Real Estate Loan Accommodations and Workouts, 47273-47293 2022-16471 Defense Department Defense Department See Navy Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 47197-47200 2022-16518 2022-16519 2022-16521 2022-16522 Education Department Education Department PROPOSED RULES Proposed Priorities, Requirements, and Definitions—Mental Health Service Professional Demonstration Grant Program, 47159-47167 2022-16556 Proposed Priorities, Requirements, and Definitions—School-Based Mental Health Services Grant Program, 47152-47159 2022-16557 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:
National Teacher and Principal Survey of 2023-2024 Preliminary Field Activities, 47200-47201 2022-16459 Applications for New Awards: Basic Needs for Postsecondary Students Program, 47201-47206 2022-16489 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: North Dakota; Removal of Exemptions to Visible Air Emissions Restrictions, 47101-47102 2022-16276 Implementing Statutory Addition of Certain Per- and Polyfluoroalkyl Substances to the Toxics Release Inventory Beginning with Reporting Years 2021 and 2022;
Correction, 47102-47103 2022-16495 Significant New Uses of Chemical Substances: Updates to the Hazard Communication Program and Regulatory Framework; Minor Amendments to Reporting Requirements for Premanufacture Notices; Correction, 47103 2022-16464 PROPOSED RULES Pesticide Tolerance; Exemptions, Petitions, Revocations, etc.: Implementing Registration Review Decisions for Certain Pesticides (Fiscal Year 22 Quarter 4), 47167-47177 2022-16165 Federal Aviation Federal Aviation Administration RULES Airspace Designations and Reporting Points:
Independence, IA, 47098-47099 2022-16380 Rocksprings Four Square Ranch Airport and Sonora Canyon Ranch, TX, 47097-47098 2022-16379 Airworthiness Directives: The Boeing Company Airplanes, 47093-47097 2022-16605 PROPOSED RULES Airspace Designations and Reporting Points: Butts Army Airfield (Fort Carson) Airport, CO, 47150-47152 2022-16393 Duluth, MN, 47149-47150 2022-16382 Multiple Indiana Towns, 47146-47148 2022-16381 Airworthiness Directives: Airbus Helicopters, 47141-47143 2022-16396 Airbus SAS Airplanes, 47144-47146 2022-16451 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Bipartisan Infrastructure Law Airport Terminal and Tower Project Information, 47272 2022-16462 Federal Communications Federal Communications Commission RULES Rates for Interstate Inmate Calling Services, 47103-47116 2022-16146 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 47208-47209 2022-16527 Meetings: World Radiocommunication Conference Advisory Committee, 47209 2022-16525 Federal Deposit Federal Deposit Insurance Corporation NOTICES Policy Statement on Prudent Commercial Real Estate Loan Accommodations and Workouts, 47273-47293 2022-16471 Federal Emergency Federal Emergency Management Agency NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Assistance to Firefighters Grant Program and Fire Prevention and Safety Grants-Grant Application Supplemental Information, 47227-47228 2022-16503 Changes in Flood Hazard Determinations, 47222-47225 2022-16485 Flood Hazard Determinations, 47225-47227 2022-16481 2022-16484 Flood Hazard Determinations: Lafourche Parish, LA and Incorporated Areas; Withdrawal, 47228-47229 2022-16488 Meetings: Pandemic Response Voluntary Agreement under the Defense Production Act, 47228 2022-16486 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 47206-47207 2022-16513 2022-16515 Meetings:
Interregional High Voltage Direct Current Merchant Transmission; Request for Technical Conference, 47207-47208 2022-16514 Federal Maritime Federal Maritime Commission NOTICES Meetings; Sunshine Act, 47209 2022-16545 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 47209-47214 2022-16475 2022-16476 2022-16477 2022-16478 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 47213 2022-16460 2022-16528 Proposals to Engage in or to Acquire Companies Engaged in Permissible Nonbanking Activities, 47211 2022-16461 Fish Fish and Wildlife Service RULES Paleontological Resources Preservation, 47296-47329 2022-16405 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Procedures for the Safe Processing and Importing of Fish and Fishery Products, 47214-47216 2022-16534 Determination of Regulatory Review Period for Purposes of Patent Extension: Rozlytrek Tablets, 47217-47218 2022-16504 Final Debarment Order: Duniel Tejeda, 47218-47220 2022-16507 Guidance: Policy Regarding N-acetyl-L-cysteine, 47220-47221 2022-16499 Health and Human Health and Human Services Department See Food and Drug Administration See National Institutes of Health NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 47221-47222 2022-16505 Homeland Homeland Security Department See Federal Emergency Management Agency NOTICES Meetings: Homeland Security Advisory Council; Rescheduled, 47229 2022-16620 Indian Affairs Indian Affairs Bureau NOTICES Indian Gaming: Approval of Tribal-State Class III Gaming Compact in the State of Minnesota, 47229 2022-16517 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service RULES Paleontological Resources Preservation, 47296-47329 2022-16405 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:
Certain Pasta from Italy, 47185-47187 2022-16524 Opportunity to Request Administrative Review and Join Annual Inquiry Service List, 47187-47190 2022-16506 Export Trade Certificate of Review, 47184 2022-16529 Justice Department Justice Department RULES Acquisition Regulation, 47116-47140 2022-15746 Labor Department Labor Department See Workers Compensation Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: American Time Use Survey, 47231-47232 2022-16497 H-2A Temporary Agricultural Labor Certification Program, 47230-47231 2022-16496 Older Workers Implementation and Descriptive Study, 47232 2022-16498 Land Land Management Bureau RULES Paleontological Resources Preservation, 47296-47329 2022-16405 NOTICES Realty Action:
Direct Sale of Public Lands in Shasta County, CA, 47229-47230 2022-16501 National Credit National Credit Union Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Personnel Security Processing Forms, 47233-47234 2022-16454 Policy Statement on Prudent Commercial Real Estate Loan Accommodations and Workouts, 47273-47293 2022-16471 National Institute National Institutes of Health NOTICES Meetings: National Institutes on Aging, 47222 2022-16470 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Fisheries of the Northeastern United States:
Mid-Atlantic Blueline Tilefish Fishery; 2022 and Projected 2023 and 2024 Specifications, 47181-47182 2022-16511 Northeast Multispecies Fishery; Fishing Year 2022 Recreational Management Measures, 47177-47181 2022-16137 NOTICES Meetings: Atlantic Highly Migratory Species Advisory Panel, 47192 2022-16474 Permits: Endangered Species; File No. 21516, 47190-47192 2022-16473 National Park National Park Service RULES Paleontological Resources Preservation, 47296-47329 2022-16405 Navy Navy Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 47200 2022-16520 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Meetings; Sunshine Act, 47234 2022-16596 Patent Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Patent Cooperation Treaty, 47192-47197 2022-16530 Rural Housing Service Rural Housing Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 47183-47184 2022-16523 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 47238-47239 2022-16479 2022-16480 Application: KKR Income Opportunities Fund, et al., 47239-47248 2022-16458 Self-Regulatory Organizations; Proposed Rule Changes: Financial Industry Regulatory Authority, Inc., 47248-47259 2022-16487 New York Stock Exchange, LLC, 47259-47271 2022-16483 The Nasdaq Stock Market, LLC, 47234-47237 2022-16482 Small Business Small Business Administration NOTICES Charter Amendments, Establishments, Renewals and Terminations:
Invention, Innovation, and Entrepreneurship Advisory Committee, 47271-47272 2022-16247 Surrender of License of Small Business Investment Company: Balance Point Capital Partners, LP, 47271 2022-16494 State Justice State Justice Institute NOTICES Meetings: Board of Directors, 47272 2022-16526 Transportation Department Transportation Department See Federal Aviation Administration Treasury Treasury Department See Comptroller of the Currency Veteran Affairs Veterans Affairs Department RULES Informed Consent and Advance Directives, 47099-47100 2022-16465 Workers' Workers Compensation Programs Office NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Claim for Reimbursement—Assisted Reemployment, 47232-47233 2022-16500 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 47296-47329 2022-16405 Interior Department, Land Management Bureau, 47296-47329 2022-16405 Interior Department, National Park Service, 47296-47329 2022-16405 Interior Department, 47296-47329 2022-16405 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 87 147 Tuesday, August 2, 2022 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2022-0884; Project Identifier AD-2022-00749-T; Amendment 39-22129; AD 2022-15-09] RIN 2120-AA64 Airworthiness Directives;
The Boeing Company Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. SUMMARY: The FAA is superseding Airworthiness Directive
(AD)2019-23-06, which applied to certain The Boeing Company Model 757-200, -200CB, and -300 series airplanes. AD 2019-23-06 required, depending on configuration, a general visual inspection for any previous repair, such as any reinforcing repair or local frame replacement repair, repetitive open hole high frequency eddy current
(HFEC)inspections for any crack of the fuselage frame web fastener holes, on the left and right side of the airplane, and applicable on-condition actions. This AD was prompted by a determination that certain compliance times must be reduced. This AD requires the actions specified in AD 2019-23-06 with reduced compliances times for certain actions. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective August 17, 2022. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of August 17, 2022. The Director of the Federal Register approved the incorporation by reference of certain other publications listed in this AD as of January 13, 2020 (84 FR 67179, December 9, 2019). The FAA must receive comments on this AD by September 16, 2022. 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 *https://www.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. For Boeing service information identified in this final rule, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; telephone 562-797-1717; internet *https://www.myboeingfleet.com.* For Aviation Partners Boeing service information identified in this final rule, contact Aviation Partners Boeing, 2811 South 102nd St., Suite 200, Seattle, WA 98168; phone: 206-830-7699; fax: 206-767-0535; email: *leng@aviationpartners.com;* internet: *https://www.aviationpartnersboeing.com.* x 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 *https://www.regulations.gov* by searching for and locating Docket No. FAA-2022-0884. Examining the AD Docket You may examine the AD docket at *https://www.regulations.gov* by searching for and locating Docket No. FAA-2022-0884; 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 the Docket Operations is listed above. FOR FURTHER INFORMATION CONTACT: Peter Jarzomb, Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5234; email: *peter.jarzomb@faa.gov.* SUPPLEMENTARY INFORMATION: Background The FAA issued AD 2019-23-06, Amendment 39-19800 (84 FR 67179, December 9, 2019) (AD 2019-23-06), for certain The Boeing Company Model 757-200, -200CB, and -300 series airplanes. AD 2019-23-06 required, depending on configuration, a general visual inspection for any previous repair, such as any reinforcing repair or local frame replacement repair, repetitive open HFEC inspections for any crack of the fuselage frame web fastener holes, on the left and right side of the airplane, and applicable on-condition actions. AD 2019-23-06 was prompted by reports of cracks initiating in the fuselage frame web at body station
(STA)1640. The FAA issued AD 2019-23-06 to address cracks initiating in the fuselage frame web at STA 1640, which, if not detected and corrected, could result in reduced structural integrity of the airplane. Actions Since AD 2019-23-06 Was Issued Since the FAA issued AD 2019-23-06, severed fuselage frames were detected on three Model 757-200 airplanes before the 5,600 flight cycles compliance time allowed in AD 2019-23-06 for airplanes that have accomplished certain inspections. These incidents were detected on airplanes that had accumulated between 2,579 flight cycles and 3,311 flight cycles since accomplishing those inspections with no crack findings. Boeing investigated the compliance times for the other affected airplane models and determined that the inspection interval for Model 757-200 airplanes converted to a special freighter
(SF)configurations is also inadequate to detect cracks before they reach a critical length. Based on these findings, it was determined that certain compliance times must be revised to address the unsafe condition. For airplanes on which Aviation Partners Boeing
(APB)blended or scimitar blended winglets are installed in accordance with Supplemental Type Certificate
(STC)ST01518SE, APB and Boeing determined that the compliance times must also be reduced for the open HFEC inspection of the STA 1640 fuselage frame web fastener holes common to the S-14L and S-14R intercostal tee clip. In addition, it was determined that airplanes that have been converted from a passenger to freighter configuration using VT Mobile Aerospace Engineering
(MAE)Inc. STC ST03562AT must use the reduced compliance times because the configuration is identical to airplanes converted to The Boeing Company Model 757-200 special freighter airplanes using Boeing STC ST00916WI-D. 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. Related Service Information Under 1 CFR Part 51 The FAA reviewed Boeing Alert Requirements Bulletin 757-53A0112 RB, Revision 1, dated June 17, 2022. This service information specifies procedures for, depending on configuration, a general visual inspection for any previous repair, such as any reinforcing repair or local frame replacement repair, repetitive open hole HFEC inspections for any crack of the fuselage frame web fastener holes, on the left and right side of the airplane, and applicable on-condition actions. On-condition actions include installation of fasteners, oversizing of fastener holes, and repair. These documents are distinct since they apply to different airplane models in different configurations. This AD also requires Aviation Partners Boeing Alert Service Bulletin AP757-53-002, Revision 3 dated August 14, 2019; and Boeing Alert Requirements Bulletin 757-53A0112 RB, dated November 16, 2018; which the Director of the Federal Register approved for incorporation by reference as of January 13, 2020 (84 FR 67179, December 9, 2019). 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 the ADDRESSES section. AD Requirements Although this AD does not explicitly restate the requirements of AD 2019-23-06, this AD retains all of the requirements of AD 2019-23-06. Those requirements are referenced in the service information identified previously, which, in turn, is referenced in paragraph
(g)of this AD. This AD reduces certain compliance times for certain actions. This AD requires accomplishment of the actions identified in the service information described previously, except for any differences identified as exceptions in the regulatory text of this AD. For information on the procedures and compliance times, see Boeing Alert Requirements Bulletin 757-53A0112 RB, Revision 1, dated June 17, 2022, at *https://www.regulations.gov* by searching for and locating Docket No. FAA-2022-0884. 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 the FAA received reports of severed fuselage frames at STA 1640 detected on airplanes prior to the 5,600 flight cycles compliance time allowed in AD 2019-23-06 for airplanes that have accomplished certain inspections. Cracks initiating in the fuselage frame web at STA 1640, if not detected and corrected, could result in reduced structural integrity of the airplane and loss of controllability of the airplane. Furthermore, failure of the No. 4 passenger door surround structure (frame) at STA 1640 due to cracks could lead to explosive decompression. 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-2022-0884 and Project Identifier AD-2022-00749-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 *https://www.regulations.gov,* including any personal information you provide. The agency will also post a report summarizing each substantive verbal contact received about this 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 Peter Jarzomb, Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5234; email: *peter.jarzomb@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 419 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD: Estimated Costs Action Labor cost Parts cost Cost per product Cost on U.S. operators General Visual Inspection (retained actions from AD 2019-23-06) 1 work-hours × $85 per hour = $85 $0 $85 $35,615. Open Hole HFEC Inspection (retained actions from AD 2019-23-06) 35 work-hours × $85 per hour = $2,975 per inspection cycle 0 $2,975 per inspection cycle $1,246,525 per inspection cycle. The FAA estimates the following costs to do any necessary installation of fasteners and oversizing of fastener holes that would be required based on the results of the inspection. The FAA has no way of determining the number of aircraft that might need these installations: On-Condition Costs Action Labor cost Parts cost Cost per product Installation of fasteners and oversizing of fastener holes 1 work-hour × $85 per hour = $85 $0 $85 The FAA has received no definitive data on which to base the cost estimates for the repairs specified in this AD. The reduced compliance times specified in this AD add no additional economic burden. 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 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: a. Removing Airworthiness Directive
(AD)2019-23-06, Amendment 39-19800 (84 FR 67179, December 9, 2019); and b. Adding the following new AD: **2022-15-09 The Boeing Company:** Amendment 39-22129; Docket No. FAA-2022-0884; Project Identifier AD-2022-00749-T.
(a)Effective Date This airworthiness directive
(AD)is effective August 17, 2022.
(b)Affected ADs This AD replaces AD 2019-23-06, Amendment 39-19800 (84 FR 67179, December 9, 2019) (AD 2019-23-06).
(c)Applicability This AD applies to The Boeing Company Model 757-200, -200CB, and -300 series airplanes, certificated in any category, as identified in Boeing Alert Requirements Bulletin 757-53A0112 RB, Revision 1, dated June 17, 2022.
(d)Subject Air Transport Association
(ATA)of America Code 53 Fuselage.
(e)Unsafe Condition This AD was prompted by reports of cracks initiating in the fuselage frame web at body station
(STA)1640 and a determination that certain compliance times must be reduced due to severed fuselage frames reported at earlier flight cycles. The FAA is issuing this AD to address cracks initiating in the fuselage frame web at STA 1640, which, if not detected and corrected, could result in reduced structural integrity of the airplane and loss of controllability of the airplane. Furthermore, failure of the No. 4 passenger door surround structure (frame) at STA 1640 due to cracks could lead to explosive decompression.
(f)Compliance Comply with this AD within the compliance times specified, unless already done.
(g)Required Actions
(1)For all airplanes except those identified in paragraphs (g)(2) through
(4)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 757-53A0112 RB, Revision 1, dated June 17, 2022, do all applicable actions identified in, and in accordance with, the Accomplishment Instructions of Boeing Alert Requirements Bulletin 757-53A0112 RB, Revision 1, dated June 17, 2022. **Note 1 to paragraph (g):** Guidance for accomplishing the actions required by this AD can be found in Boeing Alert Service Bulletin 757-53A0112, Revision 1, dated June 17, 2022, which is referred to in Boeing Alert Requirements Bulletin 757-53A0112 RB, Revision 1, dated June 17, 2022.
(2)Except as specified by paragraph
(h)of this AD: For airplanes on which Aviation Partners Boeing blended or scimitar blended winglets are installed in accordance with Supplemental Type Certificate
(STC)ST01518SE, at the applicable times specified in paragraph 1.E., “Compliance” of Aviation Partners Boeing Alert Service Bulletin AP757-53-002, Revision 3, dated August 14, 2019, do all applicable actions identified in, and in accordance with, the Accomplishment Instructions of Boeing Alert Requirements Bulletin 757-53A0112 RB, dated November 16, 2018.
(3)Except as specified by paragraph
(h)of this AD: For Group 1 airplanes that have been converted from a passenger to freighter configuration using VT Mobile Aerospace Engineering
(MAE)Inc. STC ST03562AT, at the applicable times specified for Group 2 airplanes in the “Compliance” paragraph of Boeing Alert Requirements Bulletin 757-53A0112 RB, Revision 1, dated June 17, 2022, do all applicable Group 2 actions, as identified in, and in accordance with, the Accomplishment Instructions of Boeing Alert Requirements Bulletin 757-53A0112 RB, Revision 1, dated June 17, 2022.
(4)Except as specified by paragraph
(h)of this AD: For Group 4 airplanes that have been converted from a passenger to freighter configuration using VT MAE Inc. STC ST03562AT, at the applicable times specified for Group 5 airplanes in the “Compliance” paragraph of Boeing Alert Requirements Bulletin 757-53A0112 RB, Revision 1, dated June 17, 2022, do all applicable Group 5 actions as identified in, and in accordance with, the Accomplishment Instructions of Boeing Alert Requirements Bulletin 757-53A0112 RB, Revision 1, dated June 17, 2022.
(h)Exceptions to Service Information Specifications
(1)Where the Condition and Compliance Time columns of the tables in the “Compliance” paragraph of Boeing Alert Requirements Bulletin 757-53A0112 RB, Revision 1, dated June 17, 2022, use the phrase “the original issue date of Requirements Bulletin 757-53A0112 RB,” this AD requires using “January 13, 2020 (the effective date of AD 2019-23-06).”
(2)Where the Condition and Compliance Time columns of the tables in the “Compliance” paragraph of Boeing Alert Requirements Bulletin 757-53A0112 RB, Revision 1, dated June 17, 2022, use the phrase “the Revision 1 date of Requirements Bulletin 757-53A0112 RB,” this AD requires using “the effective date of this AD.”
(3)Where Boeing Alert Requirements Bulletin 757-53A0112 RB, Revision 1, dated June 17, 2022, specifies contacting Boeing for repair instructions or for alternative inspections: This AD requires doing the repair, or doing the alternative inspections and applicable on-condition actions using a method approved in accordance with the procedures specified in paragraph
(j)of this AD.
(4)Where the Condition and Compliance Time columns of the tables in the “Compliance” paragraph of Aviation Partners Boeing Alert Service Bulletin AP757-53-002, Revision 3, dated August 14, 2019, use the phrase “the original issue date of this service bulletin,” this AD requires using “January 13, 2020 (the effective date of AD 2019-23-06).”
(5)Where Aviation Partners Boeing Alert Service Bulletin AP757-53-002, Revision 3, dated August 14, 2019, specifies contacting Boeing for repair instructions or for alternative inspections: This AD requires doing the repair, or doing the alternative inspections and applicable on-condition actions using a method approved in accordance with the procedures specified in paragraph
(j)of this AD.
(6)For Group 1 airplanes, as identified in Aviation Partners Boeing Alert Service Bulletin AP757-53-002, Revision 3, dated August 14, 2019, with less than 34,500 total flight cycles as of the effective date of this AD that have accomplished any eddy current inspection specified in Revision 1 or Revision 2 of Aviation Partners Boeing Alert Service Bulletin AP757-53-001 with no cracking found and have not accomplished any inspection specified in Revision 2 or Revision 3 of Aviation Partners Boeing Alert Service Bulletin AP757-53-002: The compliance time for the initial open hole high frequency eddy current
(HFEC)inspection of the STA 1640 fuselage frame web fastener holes common to the S-14L and S-14R intercostal tee clip for any crack is at the applicable time specified in paragraph (h)(6)(i) or
(ii)of this AD, whichever occurs later.
(i)Within 1,200 flight cycles after the most recent inspection was done in accordance with Revision 1 or Revision 2 of Aviation Partners Boeing Alert Service Bulletin AP757-53-001.
(ii)Within 500 flight cycles after the effective date of this AD not to exceed 5,600 flight cycles after the most recent inspection was done in accordance with Revision 1 or Revision 2 of Aviation Partners Boeing Alert Service Bulletin AP757-53-001.
(7)For Group 1 airplanes, as identified in Aviation Partners Boeing Alert Service Bulletin AP757-53-002, Revision 3, dated August 14, 2019, with 34,500 total flight cycles or more as of the effective date of this AD that have accomplished any eddy current inspection in accordance with Revision 1 or Revision 2 of Aviation Partners Boeing Alert Service Bulletin AP757-53-001 with no cracking found and have not accomplished any inspection specified in Revision 2 or Revision 3 of Aviation Partners Boeing Alert Service Bulletin AP757-53-002: The compliance time for the initial open hole HFEC inspection of the STA 1640 fuselage frame web fastener holes common to the S-14L and S-14R intercostal tee clip for any crack is at the applicable time specified in paragraph (h)(7)(i) or
(ii)of this AD, whichever occurs later:
(i)Within 1,200 flight cycles after the most recent eddy current inspection was done in accordance with Revision 1 or Revision 2 of Aviation Partners Boeing Alert Service Bulletin AP757-53-001.
(ii)Prior to the accumulation of 35,000 total flight cycles, or within 30 days after the effective date of this AD, whichever occurs later.
(8)For Group 3 airplanes, as identified in Aviation Partners Boeing Alert Service Bulletin AP757-53-002, Revision 3, dated August 14, 2019, that as of the effective date of this AD have accomplished any eddy current inspection in accordance with Revision 1 or Revision 2 of Aviation Partners Boeing Alert Service Bulletin AP757 53-001, with no cracking found: The compliance time for the initial open hole HFEC inspection of the STA 1640 fuselage frame web fastener holes common to the S-14L and S-14R intercostal tee clip for any crack is at the applicable time specified in paragraph (h)(8)(i) or
(ii)of this AD, whichever occurs later.
(i)Within 1,350 flight cycles after the most recent eddy current inspection was done as specified in Revision 1 or Revision 2 of Aviation Partners Boeing Alert Service Bulletin AP757-53-001.
(ii)Within 500 flight cycles after the effective date of this AD not to exceed 3,250 flight cycles after the most recent inspection was done in accordance with Revision 1 or Revision 2 of Aviation Partners Boeing Alert Service Bulletin AP757-53-001.
(i)Credit for Previous Actions
(1)This paragraph provides credit for actions specified in paragraphs (g)(1), (3), and
(4)of this AD, if those actions were performed before the effective date of this AD using Boeing Alert Requirements Bulletin 757-53A0112 RB, dated November 16, 2018.
(2)This paragraph provides credit for the actions specified in paragraph (g)(2) of this AD, if those actions were performed before the effective date of this AD using Aviation Partners Boeing Alert Service Bulletin AP757-53-002, Revision 2, dated April 11, 2019.
(j)Alternative Methods of Compliance (AMOCs)
(1)The Manager, Los Angeles ACO Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or responsible Flight Standards Office, as appropriate. If sending information directly to the manager of the certification office, send it to the attention of the person identified in paragraph (k)(1) of this AD. Information may be emailed to: *9-ANM-LAACO-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.
(3)An AMOC that provides an acceptable level of safety may be used for any repair, modification, or alteration required by this AD if it is approved by The Boeing Company Organization Designation Authorization
(ODA)that has been authorized by the Manager, Los Angeles ACO Branch, FAA, to make those findings. To be approved, the repair method, modification deviation, or alteration deviation must meet the certification basis of the airplane, and the approval must specifically refer to this AD.
(4)AMOCs approved for AD 2019-23-06 are approved as AMOCs for the corresponding provisions of Boeing Alert Requirements Bulletin 757-53A0112 RB, dated November 16, 2018; and Aviation Partners Boeing Alert Service Bulletin AP757-53-002, Revision 3, dated August 14, 2019; that are required by paragraph (g)(2) of this AD.
(5)AMOCs approved for AD 2019-23-06 are approved as AMOCs for the corresponding provisions of Boeing Alert Requirements Bulletin 757-53A0112 RB, Revision 1, dated June 17, 2022, that are required by paragraphs (g)(1), (3), and
(4)of this AD, except AMOCs for airplanes converted to the special freighter
(SF)configuration by Boeing STC ST00916WI-D or from a passenger to freighter configuration using VT MAE Inc. STC ST03562AT are not approved as AMOCs for this AD.
(k)Related Information
(1)For more information about this AD, contact Peter Jarzomb, Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5234; email: *peter.jarzomb@faa.gov.*
(2)For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; telephone 562-797-1717; internet *https://www.myboeingfleet.com.* You may view this referenced service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195.
(3)Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (l)(5), (6), and
(7)of this AD.
(l)Material Incorporated by Reference
(1)The Director of the Federal Register approved the incorporation by reference
(IBR)of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2)You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise.
(3)The following service information was approved for IBR on August 17, 2022.
(i)Boeing Alert Requirements Bulletin 757-53A0112 RB, Revision 1, dated June 17, 2022.
(ii)[Reserved]
(4)The following service information was approved for IBR on January 13, 2020 (84 FR 67179, December 9, 2019).
(i)Aviation Partners Boeing Alert Service Bulletin AP757-53-002, Revision 3 dated August 14, 2019.
(ii)Boeing Alert Requirements Bulletin 757-53A0112 RB, dated November 16, 2018.
(5)For Boeing service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; telephone 562-797-1717; internet *https://www.myboeingfleet.com.*
(6)For Aviation Partners Boeing service information identified in this AD, contact Aviation Partners Boeing, 2811 South 102nd St., Suite 200, Seattle, WA 98168; phone: 206-830-7699; fax: 206-767-0535; email: *leng@aviationpartners.com;* internet: *https://www.aviationpartnersboeing.com.*
(7)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.
(8)You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email *fr.inspection@nara.gov,* or go to: *https://www.archives.gov/federal-register/cfr/ibr-locations.html.* Issued on July 15, 2022. Gaetano A. Sciortino, Deputy Director for Strategic Initiatives, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2022-16605 Filed 7-29-22; 4:15 pm]
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