Airworthiness Directives; The Boeing Company Airplanes, 86515-86518 [2020-28823]
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Federal Register / Vol. 85, No. 250 / Wednesday, December 30, 2020 / Proposed Rules
statutes and Executive orders with
respect to this rulemaking.
The revision and additions read as
follows:
Executive Orders 12866, 13563, and
13771
This proposed rule has been drafted
in accordance with Executive Order
12866, section 1(b), ‘‘The Principles of
Regulation,’’ and Executive Order
13563, ‘‘Improving Regulation and
Regulatory Review.’’ The
Administrative Committee has
determined that this proposed rule is
not a significant regulatory action as
defined under section 3(f) of Executive
Order 12866. Thus, this proposed rule
has not been reviewed by the Office of
Management and Budget (OMB), and it
is exempt under OMB guidance from
the requirements of Executive Order
13771 (see Office of Mgmt. & Budget,
Guidance Implementing Executive
Order 13771, Titled ‘‘Reducing
Regulation and Controlling Regulatory
Costs’’ (2017)).
§ 12.1
Regulatory Flexibility Act
This proposed rule will not have a
significant impact on small entities
because it imposes no requirements on
the public. Members of the public can
access Federal Register publications for
free through GPO’s website, https://
www.govinfo.gov/.
Federalism
This proposed rule has no federalism
implications under Executive Order
13132. It does not impose compliance
costs on state or local governments or
preempt state law.
List of Subjects in 1 CFR Part 12
Code of Federal Regulations,
Compilation of Presidential Documents,
Federal Register, Government
publications, Public papers of
Presidents of U.S., U.S. Government
Manual.
For the reasons discussed in the
preamble, under the authority at 44
U.S.C. 1506, the Administrative
Committee of the Federal Register
proposes to amend 1 CFR part 12 as
follows:
PART 12—OFFICIAL DISTRIBUTION
WITHIN FEDERAL GOVERNMENT
1. The authority citation for part 12
continues to read as follows:
2. Amend § 12.1 by:
a. Revising paragraph (a),
b. Redesignating paragraphs (b)
through (e) as (d) through (g), and
■ c. Adding new paragraphs (b) and (c).
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[FR Doc. 2020–28663 Filed 12–29–20; 8:45 am]
BILLING CODE 1301–00–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–1022; Project
Identifier AD–2020–01101–T]
RIN 2120–AA64
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
Authority: 44 U.S.C. 1506; sec. 6, E.O.
10530, 19 FR 2709; 3 CFR, 1954–1958 Comp.,
p. 189.
VerDate Sep<11>2014
Oliver A. Potts,
Secretary, Administrative Committee of the
Federal Register.
Airworthiness Directives; The Boeing
Company Airplanes
■
■
■
■
Federal Register.
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Federal Register.
*
*
*
*
*
The FAA proposes to adopt a
new airworthiness directive (AD) for
certain The Boeing Company Model
757–200, –200CB, and –300 series
airplanes. This proposed AD was
SUMMARY:
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86515
prompted by a report indicating the
passenger service units (PSUs) and life
vest panels became separated from their
attachments during several survivable
accident sequences. This proposed AD
would require installing lanyard
assemblies on the PSUs, and, for certain
airplanes, on the life vest panels and
video panels as applicable. The FAA is
proposing this AD to address the unsafe
condition on these products.
DATES: The FAA must receive comments
on this proposed AD by February 12,
2021.
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 service information identified in
this NPRM, contact Boeing Commercial
Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster
Blvd., MC 110–SK57, Seal Beach, CA
90740–5600; phone: 562–797–1717;
internet: https://
www.myboeingfleet.com. You may view
this referenced service information at
the FAA, Airworthiness Products
Section, Operational Safety Branch,
2200 South 216th St., Des Moines, WA.
For information on the availability of
this material at the FAA, call 206–231–
3195. It is also available on the internet
at https://www.regulations.gov by
searching for and locating Docket No.
FAA–2020–1022.
Examining the AD Docket
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2020–
1022; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this NPRM, any
comments received, and other
information. The street address for
Docket Operations is listed above.
Comments will be available in the AD
docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT:
Scott Craig, Aerospace Engineer, Cabin
Safety and Environmental Systems
Section, FAA, Seattle ACO Branch, 2200
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Federal Register / Vol. 85, No. 250 / Wednesday, December 30, 2020 / Proposed Rules
South 216th St., Des Moines, WA 98198;
phone and fax: 206–231–3566; email:
michael.s.craig@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to participate in
this rulemaking by submitting written
comments, data, or views about this
proposal. The most helpful comments
reference a specific portion of the
proposal, explain the reason for any
recommended change, and include
supporting data. To ensure the docket
does not contain duplicate comments,
commenters should submit only one
copy of the comments. Send your
comments to an address listed under the
ADDRESSES section. Include ‘‘Docket No.
FAA–2020–1022; Project Identifier AD–
2020–01101–T’’ at the beginning of your
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, as well as a
report summarizing each substantive
public contact with FAA personnel
concerning this proposed rulemaking.
Before acting on this proposal, the FAA
will consider all comments received by
the closing date for comments. The FAA
will consider comments filed after the
comment period has closed if it is
possible to do so without incurring
expense or delay. The FAA may change
this NPRM because of those comments.
Confidential Business Information
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this NPRM
contain commercial or financial
information that is customarily treated
as private, that you actually treat as
private, and that is relevant or
responsive to this NPRM, it is important
that you clearly designate the submitted
comments as CBI. Please mark each
page of your submission containing CBI
as ‘‘PROPIN.’’ The FAA will treat such
marked submissions as confidential
under the FOIA, and they will not be
placed in the public docket of this
NPRM. Submissions containing CBI
should be sent to the person identified
in the FOR FURTHER INFORMATION
CONTACT section. Any commentary that
the FAA receives which is not
specifically designated as CBI will be
placed in the public docket for this
rulemaking.
Discussion
The FAA has received a report
indicating the PSUs and life vest panels
became separated from their
attachments during several survivable
accident sequences. In addition, there is
no secondary means of retention
(lanyards) for the PSU to the airplane
structure. The FAA has determined that
video panels may also become separated
from their attachments during
survivable accident sequences. This
condition, if not addressed, could result
in the PSUs, life vest panels, and video
panels becoming detached and falling
into the cabin, which could lead to
passenger injuries and impede egress
during an evacuation.
Related Service Information Under 1
CFR Part 51
The FAA reviewed Boeing Special
Attention Requirements Bulletin 757–
25–0315 RB, Revision 1, dated May 20,
2020. The service information describes
procedures for installing lanyard
assemblies on the PSUs, life vest panels,
and video panels as applicable. 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.
FAA’s Determination
The FAA is proposing this AD
because the agency evaluated all the
relevant information and determined
the unsafe condition described
previously is likely to exist or develop
in other products of the same type
design.
Proposed AD Requirements
This proposed AD would require
accomplishment of the actions
identified in Boeing Special Attention
Requirements Bulletin 757–25–0315 RB,
Revision 1, dated May 20, 2020,
described previously, except as
discussed under ‘‘Differences Between
this Proposed AD and the Service
Information,’’ and except for any
differences identified as exceptions in
the regulatory text of this proposed AD.
For information on the procedures
and compliance times, see this service
information at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2020–
1022.
Explanation of Requirements Bulletin
The FAA worked in conjunction with
industry, under the Airworthiness
Directive Implementation Aviation
Rulemaking Committee (AD ARC), to
enhance the AD system. One
enhancement is a process for annotating
which steps in the service information
are ‘‘required for compliance’’ (RC) with
an AD. Boeing has implemented this RC
concept into Boeing service bulletins.
In an effort to further improve the
quality of ADs and AD-related Boeing
service information, a joint process
improvement initiative was worked
between the FAA and Boeing. The
initiative resulted in the development of
a new process in which the service
information more clearly identifies the
actions needed to address the unsafe
condition in the ‘‘Accomplishment
Instructions.’’ The new process results
in a Boeing Requirements Bulletin,
which contains only the actions needed
to address the unsafe condition (i.e.,
only the RC actions).
Differences Between This Proposed AD
and the Service Information
Since Boeing Special Attention
Requirements Bulletin 757–25–0315 RB,
Revision 1, dated May 20, 2020, was
issued, the FAA has determined that
airplane having variable number NB451
is also affected by the unsafe condition.
Therefore, we have included variable
number NB451 in this AD. This
difference has been coordinated with
Boeing.
Costs of Compliance
The FAA estimates that this proposed
AD affects 363 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this proposed AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Action
Labor cost
Parts cost
Cost per
product
Install Lanyard Assemblies ...........
Up to 75 work-hours × $85 per hour = Up to $6,375
Up to $45,750
Up to $52,125
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Cost on U.S.
operators
Up to
$18,921,375.
Federal Register / Vol. 85, No. 250 / Wednesday, December 30, 2020 / Proposed Rules
§ 39.13
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) Will not affect intrastate aviation
in Alaska, and
(3) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
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16:59 Dec 29, 2020
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[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
The Boeing Company: Docket No. FAA–
2020–1022; Project Identifier AD–2020–
01101–T.
(a) Comments Due Date
The FAA must receive comments by
February 12, 2021.
(b) Affected ADs
None.
(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 Special Attention
Requirements Bulletin 757–25–0315 RB,
Revision 1, dated May 20, 2020, and airplane
having variable number NB451.
(d) Subject
Air Transport Association (ATA) of
America Code 25, Equipment/furnishings.
(e) Unsafe Condition
This AD was prompted by a report
indicating the passenger service units (PSUs)
and life vest panels became separated from
their attachments during several survivable
accident sequences. The FAA is issuing this
AD to address the PSUs, life vest panels, and
video panels becoming detached and falling
into the cabin, which could lead to passenger
injuries and impede egress during an
evacuation.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Required Actions
Except as specified by paragraph (h) of this
AD: At the applicable times specified in the
‘‘Compliance’’ paragraph of Boeing Special
Attention Requirements Bulletin 757–25–
0315 RB, Revision 1, dated May 20, 2020, do
all applicable actions identified in, and in
accordance with, the Accomplishment
Instructions of Boeing Special Attention
Requirements Bulletin 757–25–0315 RB,
Revision 1, dated May 20, 2020.
Note 1 to paragraph (g): Guidance for
accomplishing the actions required by this
AD can be found in Boeing Special Attention
Service Bulletin 757–25–0315, Revision 1,
dated May 20, 2020, which is referred to in
Boeing Special Attention Requirements
Bulletin 757–25–0315 RB, Revision 1, dated
May 20, 2020.
(h) Exceptions to Service Information
Specifications
(1) Where Boeing Special Attention
Requirements Bulletin 757–25–0315 RB,
Revision 1, dated May 20, 2020, uses the
phrase ‘‘the Revision 1 date of Requirements
Bulletin 757–25–0315 RB,’’ this AD requires
using ‘‘the effective date of this AD.’’
(2) For airplane variable number NB451, do
the applicable actions for Group 4 identified
in, and in accordance with, the
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86517
Accomplishment Instructions of Boeing
Special Attention Requirements Bulletin
757–25–0315 RB, Revision 1, dated May 20,
2020.
(i) Parts Installation Limitation
As of the applicable time specified in
paragraph (i)(1) or (2) of this AD, no person
may install on any airplane any PSU, life vest
panel, or video panel without an updated
lanyard assembly installed.
(1) For airplanes that have PSUs, life vest
panels, or video panels without the updated
lanyard assemblies installed as of the
effective date of this AD: After modification
of the airplane as required by paragraph (g)
of this AD.
(2) For airplanes that do not have PSUs,
life vest panels, or video panels without the
updated lanyard assemblies installed as of
the effective date of this AD: As of the
effective date of this AD.
(j) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Seattle 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 local Flight Standards
District 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: 9ANM-Seattle-ACO-AMOC-Requests@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district 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, Seattle 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.
(k) Related Information
(1) For more information about this AD,
contact Scott Craig, Aerospace Engineer,
Cabin Safety and Environmental Systems
Section, FAA, Seattle ACO Branch, 2200
South 216th St., Des Moines, WA 98198;
phone and fax: 206–231–3566; email:
michael.s.craig@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;
phone: 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.
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Federal Register / Vol. 85, No. 250 / Wednesday, December 30, 2020 / Proposed Rules
Issued on November 6, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020–28823 Filed 12–29–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Part 1
[Docket No. PTO–P–2020–0015]
RIN 0651–AD46
Disclaimer Practice in Patents and
Patent Applications
United States Patent and
Trademark Office, Department of
Commerce.
ACTION: Notice of proposed rulemaking.
AGENCY:
The United States Patent and
Trademark Office (USPTO) proposes to
amend the rules of practice to expand
when certain types of patent applicants
and patentees may, subject to other
conditions, obtain or enforce a second
patent for an invention that is similar
(i.e., patentably indistinct) to a first
patent. Ordinarily, in examination
before the USPTO, any application for a
second patent covering such similar
invention would be rejected. The
proposed rule change is limited to the
situation where owners of the first and
second patents or patent applications
are different but have an agreement to
conduct research together (i.e., a joint
research agreement). For this limited
situation, the proposed rule change
would increase the ability to file a
document, called a terminal disclaimer,
that ties the rights of a second patent to
the first patent. Specifically, a terminal
disclaimer causes the second patent to
limit its enforceable patent term to end
no later than the first patent’s term and
limits when the second patent can be
enforced. The proposed rule change
would expand when a terminal
disclaimer is permitted to be filed in the
joint research agreement situation by
eliminating the requirement that the
second patent or patent application be
filed later than the first patent or patent
application. The USPTO also proposes
to amend its rules of practice to
explicitly state existing practices in the
rules regarding when certain affidavits
and declarations, as well as terminal
disclaimers, may be filed.
DATES: Comments must be received by
March 22, 2021 to ensure consideration.
ADDRESSES: For reasons of government
efficiency, comments must be submitted
SUMMARY:
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16:59 Dec 29, 2020
Jkt 253001
through the Federal eRulemaking Portal
at https://www.regulations.gov. To
submit comments via the portal, one
should enter docket number PTO–P–
2020–0015 on the homepage and click
‘‘search.’’ The site will provide search
results listing all documents associated
with this docket. Commenters can find
a reference to this notice and click on
the ‘‘Comment Now!’’ icon, complete
the required fields, and enter or attach
their comments. Attachments to
electronic comments will be accepted in
Adobe® portable document format or
Microsoft Word® format. Because
comments will be made available for
public inspection, information that the
submitter does not desire to make
public, such as an address or phone
number, should not be included in the
comments.
Visit the Federal eRulemaking Portal
for additional instructions on providing
comments via the portal. If electronic
submission of comments is not feasible
due to a lack of access to a computer
and/or the internet, please contact the
USPTO using the contact information
below for special instructions.
FOR FURTHER INFORMATION CONTACT:
Susy Tsang-Foster, Senior Legal
Advisor, Office of Patent Legal
Administration, Office of the Deputy
Commissioner for Patent Examination
Policy, by email at Susy.Tsang-Foster@
uspto.gov; or Robert Clarke, Editor,
Manual of Patent Examining Procedure,
Office of the Deputy Commissioner for
Patent Examination Policy, by email at
Robert.Clarke@uspto.gov.
SUPPLEMENTARY INFORMATION: Patent
applications and patents are subject to
the doctrine of nonstatutory double
patenting to prevent both the unjust
timewise extension of the right to
exclude and multiple infringement suits
by different parties. These situations
may arise from the granting of multiple
patents with patentably indistinct
claims where the patents have a
common owner, applicant, or inventor
or where the patents are not commonly
owned but are subject to a joint research
agreement. Double patenting analysis is
not limited to situations in which the
reference patents or applications, whose
claims form the basis for the
nonstatutory double patenting rejection,
are prior art as defined in 35 U.S.C. 102.
The reference may have an effectively
filed date that is before, the same as, or
after the effective filing date of a
claimed invention in an application
under examination or patent under
reexamination (i.e., the subject patent
application or patent). Thus, the
reference need not be ‘‘prior art’’ to the
claimed invention in the subject
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application or patent for its claims to be
relied upon in a nonstatutory double
patenting rejection. For more
information on the nonstatutory double
patenting doctrine, see section 804 of
the Manual of Patent Examining
Procedure (Ninth Edition, Revision
10.2019, June 2020).
I. Background: A. Joint Research
Agreements: The Cooperative Research
and Technology Enhancement Act of
2004 (CREATE Act), Public Law 108–
453, 118 Stat. 3596, was passed to
promote cooperative research between
universities, the public sector, and
private enterprises. The CREATE Act
amended 35 U.S.C. 103(c), effective on
December 10, 2004, to provide that
subject matter developed by another
person and a claimed invention shall be
treated as owned by the same person or
subject to an obligation of assignment to
the same person for purposes of
excluding prior art usable in
obviousness rejections if three
conditions are met: (1) The claimed
invention was made by or on behalf of
parties to a joint research agreement that
was in effect on or before the date the
claimed invention was made; (2) the
claimed invention was made as a result
of activities undertaken within the
scope of the joint research agreement;
and (3) the application for patent for the
claimed invention discloses or is
amended to disclose the names of the
parties to the joint research agreement.
The legislative history recognized that
the CREATE Act would result in two or
more patents being issued to patentably
indistinct inventions, and called upon
the nonstatutory double patenting
doctrine to protect the public from
multiple enforcement actions based on
patents issued due to the passage of the
CREATE Act. See H.R. Rep. No. 108–
425, at 6 (2003) (stating that a terminal
disclaimer is required ‘‘when double
patenting is determined to exist for two
or more claimed inventions’’ for any
application for which the applicant
takes advantage of the ‘‘safe harbor’’
provision in [pre-AIA] 35 U.S.C. 103(c)
as amended by the CREATE Act).
Consistent with the legislative history,
the nonstatutory double patenting
doctrine was expanded to include
rejections based on patents or patent
applications that were disqualified as
prior art under pre-AIA 35 U.S.C.
103(c).
A prior art exception, similar to the
prior art exclusion in the CREATE Act,
was enacted in 35 U.S.C. 102(b)(2)(C)
and 102(c) by the Leahy-Smith America
Invents Act, Public Law 112–29, 125
Stat. 284 (2011). Consistent with this
prior art exception, the nonstatutory
double patenting doctrine was further
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]]>Agencies
[Federal Register Volume 85, Number 250 (Wednesday, December 30, 2020)]
[Proposed Rules]
[Pages 86515-86518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28823]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-1022; Project Identifier AD-2020-01101-T]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain The Boeing Company Model 757-200, -200CB, and -300 series
airplanes. This proposed AD was prompted by a report indicating the
passenger service units (PSUs) and life vest panels became separated
from their attachments during several survivable accident sequences.
This proposed AD would require installing lanyard assemblies on the
PSUs, and, for certain airplanes, on the life vest panels and video
panels as applicable. The FAA is proposing this AD to address the
unsafe condition on these products.
DATES: The FAA must receive comments on this proposed AD by February
12, 2021.
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 service information identified in this NPRM, contact Boeing
Commercial Airplanes, Attention: Contractual & Data Services (C&DS),
2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; phone:
562-797-1717; internet: https://www.myboeingfleet.com. You may view
this referenced service information at the FAA, Airworthiness Products
Section, Operational Safety Branch, 2200 South 216th St., Des Moines,
WA. For information on the availability of this material at the FAA,
call 206-231-3195. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
1022.
Examining the AD Docket
You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
1022; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, any comments received, and other information. The street
address for Docket Operations is listed above. Comments will be
available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Scott Craig, Aerospace Engineer, Cabin
Safety and Environmental Systems Section, FAA, Seattle ACO Branch, 2200
[[Page 86516]]
South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3566;
email: [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to participate in this rulemaking by submitting
written comments, data, or views about this proposal. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should submit only one copy of the comments. Send your comments to an
address listed under the ADDRESSES section. Include ``Docket No. FAA-
2020-1022; Project Identifier AD-2020-01101-T'' at the beginning of
your 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, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this proposed rulemaking. Before acting on this
proposal, the FAA will consider all comments received by the closing
date for comments. The FAA will consider comments filed after the
comment period has closed if it is possible to do so without incurring
expense or delay. The FAA may change this NPRM because of those
comments.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to the
person identified in the FOR FURTHER INFORMATION CONTACT section. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.
Discussion
The FAA has received a report indicating the PSUs and life vest
panels became separated from their attachments during several
survivable accident sequences. In addition, there is no secondary means
of retention (lanyards) for the PSU to the airplane structure. The FAA
has determined that video panels may also become separated from their
attachments during survivable accident sequences. This condition, if
not addressed, could result in the PSUs, life vest panels, and video
panels becoming detached and falling into the cabin, which could lead
to passenger injuries and impede egress during an evacuation.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Boeing Special Attention Requirements Bulletin
757-25-0315 RB, Revision 1, dated May 20, 2020. The service information
describes procedures for installing lanyard assemblies on the PSUs,
life vest panels, and video panels as applicable. 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.
FAA's Determination
The FAA is proposing this AD because the agency evaluated all the
relevant information and determined the unsafe condition described
previously is likely to exist or develop in other products of the same
type design.
Proposed AD Requirements
This proposed AD would require accomplishment of the actions
identified in Boeing Special Attention Requirements Bulletin 757-25-
0315 RB, Revision 1, dated May 20, 2020, described previously, except
as discussed under ``Differences Between this Proposed AD and the
Service Information,'' and except for any differences identified as
exceptions in the regulatory text of this proposed AD.
For information on the procedures and compliance times, see this
service information at https://www.regulations.gov by searching for and
locating Docket No. FAA-2020-1022.
Explanation of Requirements Bulletin
The FAA worked in conjunction with industry, under the
Airworthiness Directive Implementation Aviation Rulemaking Committee
(AD ARC), to enhance the AD system. One enhancement is a process for
annotating which steps in the service information are ``required for
compliance'' (RC) with an AD. Boeing has implemented this RC concept
into Boeing service bulletins.
In an effort to further improve the quality of ADs and AD-related
Boeing service information, a joint process improvement initiative was
worked between the FAA and Boeing. The initiative resulted in the
development of a new process in which the service information more
clearly identifies the actions needed to address the unsafe condition
in the ``Accomplishment Instructions.'' The new process results in a
Boeing Requirements Bulletin, which contains only the actions needed to
address the unsafe condition (i.e., only the RC actions).
Differences Between This Proposed AD and the Service Information
Since Boeing Special Attention Requirements Bulletin 757-25-0315
RB, Revision 1, dated May 20, 2020, was issued, the FAA has determined
that airplane having variable number NB451 is also affected by the
unsafe condition. Therefore, we have included variable number NB451 in
this AD. This difference has been coordinated with Boeing.
Costs of Compliance
The FAA estimates that this proposed AD affects 363 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
Estimated Costs for Required Actions
--------------------------------------------------------------------------------------------------------------------------------------------------------
Action Labor cost Parts cost Cost per product Cost on U.S. operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Install Lanyard Assemblies........ Up to 75 work-hours x $85 per hour = Up to $45,750........... Up to $52,125.......... Up to $18,921,375.
Up to $6,375.
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 86517]]
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) Will not affect intrastate aviation in Alaska, and
(3) Will 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 (AD):
The Boeing Company: Docket No. FAA-2020-1022; Project Identifier AD-
2020-01101-T.
(a) Comments Due Date
The FAA must receive comments by February 12, 2021.
(b) Affected ADs
None.
(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 Special Attention Requirements Bulletin 757-25-0315 RB,
Revision 1, dated May 20, 2020, and airplane having variable number
NB451.
(d) Subject
Air Transport Association (ATA) of America Code 25, Equipment/
furnishings.
(e) Unsafe Condition
This AD was prompted by a report indicating the passenger
service units (PSUs) and life vest panels became separated from
their attachments during several survivable accident sequences. The
FAA is issuing this AD to address the PSUs, life vest panels, and
video panels becoming detached and falling into the cabin, which
could lead to passenger injuries and impede egress during an
evacuation.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
Except as specified by paragraph (h) of this AD: At the
applicable times specified in the ``Compliance'' paragraph of Boeing
Special Attention Requirements Bulletin 757-25-0315 RB, Revision 1,
dated May 20, 2020, do all applicable actions identified in, and in
accordance with, the Accomplishment Instructions of Boeing Special
Attention Requirements Bulletin 757-25-0315 RB, Revision 1, dated
May 20, 2020.
Note 1 to paragraph (g): Guidance for accomplishing the actions
required by this AD can be found in Boeing Special Attention Service
Bulletin 757-25-0315, Revision 1, dated May 20, 2020, which is
referred to in Boeing Special Attention Requirements Bulletin 757-
25-0315 RB, Revision 1, dated May 20, 2020.
(h) Exceptions to Service Information Specifications
(1) Where Boeing Special Attention Requirements Bulletin 757-25-
0315 RB, Revision 1, dated May 20, 2020, uses the phrase ``the
Revision 1 date of Requirements Bulletin 757-25-0315 RB,'' this AD
requires using ``the effective date of this AD.''
(2) For airplane variable number NB451, do the applicable
actions for Group 4 identified in, and in accordance with, the
Accomplishment Instructions of Boeing Special Attention Requirements
Bulletin 757-25-0315 RB, Revision 1, dated May 20, 2020.
(i) Parts Installation Limitation
As of the applicable time specified in paragraph (i)(1) or (2)
of this AD, no person may install on any airplane any PSU, life vest
panel, or video panel without an updated lanyard assembly installed.
(1) For airplanes that have PSUs, life vest panels, or video
panels without the updated lanyard assemblies installed as of the
effective date of this AD: After modification of the airplane as
required by paragraph (g) of this AD.
(2) For airplanes that do not have PSUs, life vest panels, or
video panels without the updated lanyard assemblies installed as of
the effective date of this AD: As of the effective date of this AD.
(j) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Seattle 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 local Flight Standards District
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: [email protected].
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district 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, Seattle
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.
(k) Related Information
(1) For more information about this AD, contact Scott Craig,
Aerospace Engineer, Cabin Safety and Environmental Systems Section,
FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198;
phone and fax: 206-231-3566; email: [email protected].
(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; phone: 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.
[[Page 86518]]
Issued on November 6, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-28823 Filed 12-29-20; 8:45 am]
BILLING CODE 4910-13-P
