Airworthiness Directives; The Boeing Company Airplanes, 11158-11163 [2021-03595]
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Federal Register / Vol. 86, No. 35 / Wednesday, February 24, 2021 / Proposed Rules
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:
■
Airbus SAS: Docket No. FAA–2021–0028;
Project Identifier MCAI–2020–01516–T.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) action by April
12, 2021.
(b) Affected Airworthiness Directives (ADs)
None.
(c) Applicability
This AD applies to all Airbus SAS Model
A319–171N airplanes, Model A320–271N,
–272N, and –273N airplanes, and Model
A321–271N, –272N, –271NX, and –272NX
airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of
America Code 71, Powerplant.
(e) Reason
This AD was prompted by a report
indicating that during a full scale fatigue test
of the forward engine mounts, premature
wear was identified on the forward engine
mount shackle assemblies; in addition,
during bearing replacement, the bearing lock
washer was found broken. The FAA is
issuing this AD to address premature wear
and broken bearing lock washers at the
forward engine mounts, which could lead to
overload of the forward engine mount beams
and engine mount failure, with consequent
in-flight engine detachment, and possibly
result in reduced controllability of the
airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
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(g) Requirements
Except as specified in paragraph (h) of this
AD: Comply with all required actions and
compliance times specified in, and in
accordance with, European Union Aviation
Safety Agency (EASA) AD 2020–0250, dated
November 11, 2020 (EASA AD 2020–0250).
(h) Exceptions to EASA AD 2020–0250
(1) Where EASA AD 2020–0250 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) The ‘‘Remarks’’ section of EASA AD
2020–0250 does not apply to this AD.
(i) Other FAA AD Provisions
The following provisions also apply to this
AD:
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(1) Alternative Methods of Compliance
(AMOCs): The Manager, Large Aircraft
Section, International Validation 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 Large Aircraft
Section, International Validation Branch,
send it to the attention of the person
identified in paragraph (j)(2) of this AD.
Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov. Before using any
approved AMOC, notify your appropriate
principal inspector, or lacking a principal
inspector, the manager of the responsible
Flight Standards Office.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain instructions
from a manufacturer, the instructions must
be accomplished using a method approved
by the Manager, Large Aircraft Section,
International Validation Branch, FAA; or
EASA; or Airbus SAS’s EASA Design
Organization Approval (DOA). If approved by
the DOA, the approval must include the
DOA-authorized signature.
(3) Required for Compliance (RC): Except
as required by paragraph (i)(2) of this AD, if
any service information contains procedures
or tests that are identified as RC, those
procedures and tests must be done to comply
with this AD; any procedures or tests that are
not identified as RC are recommended. Those
procedures and tests that are not identified
as RC may be deviated from using accepted
methods in accordance with the operator’s
maintenance or inspection program without
obtaining approval of an AMOC, provided
the procedures and tests identified as RC can
be done and the airplane can be put back in
an airworthy condition. Any substitutions or
changes to procedures or tests identified as
RC require approval of an AMOC.
(j) Related Information
(1) For information about EASA AD 2020–
0250, contact the EASA, Konrad-AdenauerUfer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email ADs@
easa.europa.eu; internet
www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://
ad.easa.europa.eu. You may view this
material at the FAA, Airworthiness Products
Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195. This
material may be found in the AD docket on
the internet at https://www.regulations.gov
by searching for and locating Docket No.
FAA–2021–0028.
(2) For more information about this AD,
contact Sanjay Ralhan, Aerospace Engineer,
Large Aircraft Section, International
Validation Branch, FAA, 2200 South 216th
St., Des Moines, WA 98198; telephone and
fax 206–231–3223; email Sanjay.Ralhan@
faa.gov.
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Issued on February 4, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021–03581 Filed 2–23–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0862; Product
Identifier 2019–NM–121–AD]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Supplemental notice of
proposed rulemaking (SNPRM);
reopening of comment period.
AGENCY:
The FAA is revising an earlier
proposal for certain The Boeing
Company Model 767–200, –300, –300F,
and –400ER series airplanes. This action
revises the notice of proposed
rulemaking (NPRM) by adding airplanes
to the applicability and proposing to
require revising the existing
maintenance or inspection program, as
applicable, to incorporate new or more
restrictive airworthiness limitations.
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 reopening the
comment period to allow the public the
chance to comment on these changes.
DATES: The comment period for the
NPRM published in the Federal
Register on November 7, 2019 (84 FR
60007), is reopened.
The FAA must receive comments on
this SNPRM by April 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.
SUMMARY:
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Federal Register / Vol. 86, No. 35 / Wednesday, February 24, 2021 / Proposed Rules
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; internet https://
www.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 on the internet at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2019–0862.
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–2019–
0862; 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.
FOR FURTHER INFORMATION CONTACT:
Wayne Lockett, Aerospace Engineer,
Airframe Section, FAA, Seattle ACO
Branch, 2200 South 216th St., Des
Moines, WA 98198; phone and fax: 206–
231–3524; email: wayne.lockett@
faa.gov.
SUPPLEMENTARY INFORMATION:
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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–2019–0862; Product Identifier
2019–NM–121–AD’’ 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 amend the 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 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 proposed
AD.
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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 Lockett,
Aerospace Engineer, Airframe Section,
FAA, Seattle ACO Branch, 2200 South
216th St., Des Moines, WA 98198;
phone and fax: 206–231–3524; email:
wayne.lockett@faa.gov. 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 issued an NPRM to amend
14 CFR part 39 by adding an AD that
would apply to certain The Boeing
Company Model 767–200, –300, –300F,
and –400ER series airplanes. The NPRM
published in the Federal Register on
November 7, 2019 (84 FR 60007). The
NPRM was prompted by a
determination that new or more
restrictive airworthiness limitations are
necessary. The NPRM proposed to
require revising the existing
maintenance or inspection program, as
applicable, to incorporate new or more
restrictive airworthiness limitations.
Actions Since the NPRM Was Issued
Since the FAA issued the NPRM, the
manufacturer has issued new or more
restrictive airworthiness limitations,
and the FAA has determined it is
necessary to mandate those limitations.
In addition, the FAA has determined
that those new limitations apply to more
airplanes than were included in the
NPRM.
Comments
The FAA gave the public the
opportunity to comment on the NPRM.
The following presents the comments
received on the NPRM and the FAA’s
response to each comment.
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Request To Clarify Compliance Time
for Paragraph (h)(2) of the Proposed AD
Boeing, American Airlines, and
United Parcel Service (UPS) requested
that the FAA clarify the compliance
time for the actions described in
paragraph (h)(2) of the proposed AD.
The commenters noted that no
compliance time had been given for
obtaining the revised inspection
intervals as directed in that paragraph,
and recommended a period of 24
months.
The FAA agrees to clarify that for any
horizontal stabilizer pivot fitting lug
(SSI 55–10–I13A) on which a lug bore
oversize repair has been accomplished,
the compliance time for obtaining
revised inspection intervals is within 24
months after the effective date of this
AD, which is the compliance time for
revising the maintenance or inspection
program as specified in paragraph (g) of
this proposed AD. The FAA has revised
paragraph (h)(2) of this proposed AD to
include the specified compliance time.
Request To Clarify New Inspection
Intervals
American Airlines asked that
paragraph (h)(2) of the proposed AD be
further clarified to state that the lug bore
oversize repairs must be re-evaluated
and revised intervals must be obtained,
as applicable. American Airlines
reasoned that revised inspection
intervals might not be required after reevaluation, based on language in the
Differences Between This Proposed AD
and the Service Information section of
the proposed AD that stated repairs
‘‘will require further evaluation to
determine the applicable inspection
interval to be incorporated.’’
The FAA agrees with the commenter’s
request. The FAA acknowledges that
upon further evaluation of the repair, it
is possible certain intervals might not be
revised, and the inspection program
provided in the original approved
alternative method of compliance
(AMOC) for that repair would still be
acceptable. The FAA has revised
paragraph (h)(2) of this proposed AD to
clarify that the requirement is to ‘‘reevaluate the repair and obtain revised
inspection intervals, as applicable.’’
Request To Modify Applicability
Paragraph of the Proposed AD
Aviation Partners Boeing (APB)
requested that paragraph (c) of the
proposed AD be amended to include
language advising that a ‘‘change in
product’’ AMOC approval may be
needed for airplanes with Supplemental
Type Certificate (STC) ST01920SE
installed. APB stated that installation of
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STC ST01920SE affects the ability to
accomplish some of the actions required
by the proposed AD. APB noted that it
is in the process of revising the APB
airworthiness limitations (AWL) and
damage tolerance rating (DTR) Check
Form Supplements to define the
alternative inspections and/or
inspection intervals required for the
structural AWLs affected by the revised
Boeing service information. APB noted
that its documents are ‘‘alternative’’ to
the Boeing service information and that
APB planned to apply for an AMOC to
the proposed AD if it is adopted as a
final rule.
The FAA agrees with the request to
add a paragraph providing the specified
information. The FAA has redesignated
paragraph (c) of the proposed AD (in the
NPRM) as paragraph (c)(1) of this
proposed AD and added paragraph
(c)(2) to this proposed AD to advise
operators that installation of STC
ST01920SE affects the ability to
accomplish some of the actions required
by this AD, and that an AMOC may be
required in order to comply with the
requirements of 14 CFR 39.17.
Additionally, the FAA emphasizes
that for any airplane that is modified by
an STC that affects any structurally
significant item (SSI) inspections, an
AMOC approval request is necessary to
comply with the requirements of 14 CFR
39.17.
Request To Clarify the Intent of
Paragraph (l)(4) of the Proposed AD
American Airlines requested that the
FAA clarify the intent of the last
sentence of paragraph (l)(4) of the
proposed AD and confirm that operators
are not required to re-notify principal
inspectors, as specified in paragraph
(l)(2) of the proposed AD, or to revise
previously approved AMOCs. The
commenter stated that the final sentence
of the paragraph seems to nullify the
guidance of the previous sentence.
The FAA agrees to clarify the intent
of paragraph (l)(4) of this proposed AD.
The intent of paragraph (l)(4) of this
proposed AD is to allow previously
approved AMOCs only for repairs and
alterations. The last sentence of
paragraph (l)(4) of this proposed AD is
intended to advise that revisions of the
AWL prior to the July 2020 revision,
that were approved as an AMOC to AD
2014–14–04, Amendment 39–17899 (79
FR 44672, August 1, 2014) (AD 2014–
14–04), cannot be used to comply with
any actions in this proposed AD. In
addition, for existing AMOCs to AD
2003–18–10, Amendment 39–13301 (68
FR 53503, September 11, 2003) (AD
2003–18–10), and AD 2014–14–04,
operators are not required to re-notify
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FAA personnel in accordance with
paragraph (l)(2) of this proposed AD.
Finally, existing AMOCs to ADs 2003–
18–10 and 2014–14–04 are not required
to be revised to specifically reference
this proposed AD. This proposed AD
has not been changed with regard to this
request.
Request To Clarify Paragraph (l)(5) of
the Proposed AD
American Airlines requested
clarification of the compliance time for
the requirements of paragraph (l)(5) of
the proposed AD. American Airlines
asserted that for a recently
accomplished repair approved by the
The Boeing Company Organization
Designation Authorization (ODA) for
Stage I, and currently pending damage
tolerance evaluation (DTE) (Stage II/III),
the compliance time should align with
the standard Boeing DTE timeline of 24
months from Stage I approval to
completion of Stage I, II, and III
approval. American Airlines also
requested confirmation that repair
approvals obtained in accordance with
paragraph (l)(5) of the proposed AD do
not require reference to the proposed
AD, since those approvals were issued
prior to the effective date of this AD.
The FAA does not agree with the
request to allow repairs in progress to
use the 24-month Boeing DTE timeline.
To use the provisions specified in
paragraph (l)(5) of this proposed AD, the
repair must be completed before the
effective date of this AD. Repairs
accomplished before the effective date
of this AD that do not meet the
conditions specified in paragraphs
(l)(5)(ii) and (iii) of this proposed AD
have until when the next AD-required
inspection is due to obtain any AMOC
that may be needed.
Regarding the repair approval request,
the FAA confirms that the approvals do
not need to refer to this AD. The FAA
has not changed this proposed AD
regarding this issue.
Request To Clarify ‘‘Next Wing Tank
Entry’’
UPS requested clarification of the
term ‘‘next wing tank entry’’ as used in
paragraph (h)(1) of the proposed AD.
The commenter stated that the term is
unnecessary and adds confusion.
The FAA agrees with the request to
clarify what was meant by ‘‘next wing
tank entry.’’ The intent is to allow
accomplishment of the sealant removal
task prior to the next accomplishment of
the specific maintenance planning
document task, and not during a fuel
tank entry for non-AWL-related reasons.
The FAA has removed ‘‘next fuel tank
entry’’ from the exception in paragraph
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(h)(1) of this proposed AD and replaced
it with ‘‘next accomplishment of the
specific Maintenance Planning
Document (MPD) task.’’
Request To Change the Grace Period in
Paragraph (h)(1) of the Proposed AD
UPS requested that the grace period in
paragraph (h)(1) of the proposed AD be
changed from 6 years to 8 years. UPS
stated it considers that the FAA is
providing accommodations for the tasks
that can be repeated at intervals up to
4C, considering an 18-month 1C check
interval. However, UPS noted that per
Subsection B, ‘‘Structural Inspections’’
of Boeing 767–200/300/300F/400ER
Airworthiness Limitations (AWLs),
D622T001–9–01, dated July 2020, a 1C
check is defined as 3,000 flight cycles,
or 24 months, or 9,000 flight hours,
whichever occurs first. UPS stated that
an 8-year grace period is more
acceptable to meet the intent of the
accommodation by the FAA.
The FAA disagrees with the requested
grace period of ‘‘not to exceed 8 years’’
because the 6-year grace period does
meet the FAA’s intent to provide a grace
period for certain instructions to do
certain actions, In addition, the
commenter did not provide adequate
supporting documentation to justify the
escalation. All MPD tasks listed in the
Excess Sealant Table of the AWL
document have a baseline repetitive
inspection interval of 6 years. Even
though these tasks may have the option
for escalation of the inspection
intervals, each operator addresses
escalation differently, and may request
an escalation using the AMOC process.
The FAA has not changed this proposed
AD regarding this issue.
Request To Allow an Acceptable
Method of Compliance for Certain
Tasks
FedEx Express requested that the FAA
incorporate Boeing 767–200/300/300F/
400ER Airworthiness Limitations—Line
Number Specific, D622T001–9–02,
dated April 2019, as another acceptable
method of compliance for the proposed
AD. The commenter noted that certain
requirements of Boeing 767–200/300/
300F/400ER Airworthiness Limitations
(AWLs), D622T001–9–01, dated June
2019, cannot be accomplished due to
specific line number differences in
configuration as a result of Material
Review Board (MRB) actions.
The FAA agrees with the request.
However, the FAA notes that Boeing has
released a newer version of the
document mentioned by the commenter.
The FAA has therefore added paragraph
(h)(4) to this proposed AD to specify
that revising the existing maintenance
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or inspection program, as applicable, to
incorporate the information specified in
Boeing 767–200/300/300F/400ER
Airworthiness Limitations—Line
Number Specific, D622T001–9–02,
dated August 2020, is an acceptable
method of compliance with paragraph
(g) of this proposed AD for the tasks
specified in that document only.
D622T001–DTR, dated February 2020.
This service information includes the
DTR check forms and the procedure for
their use.
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.
Related Service Information Under 1
CFR Part 51
The FAA reviewed the following
service information, which describes
airworthiness limitations for structural
inspections and structural safe life
limits among other limitations. These
documents are distinct since they apply
to different configurations.
• Boeing 767–200/300/300F/400ER
Airworthiness Limitations (AWLs),
D622T001–9–01, dated July 2020.
• Boeing 767–200/300/300F/400ER
Airworthiness Limitations—Line
Number Specific, D622T001–9–02,
dated August 2020.
The FAA also reviewed Boeing 767–
200/300/300F/400ER Damage Tolerance
Rating (DTR) Check Form Document,
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. Certain changes described above
expand the scope of the NPRM. As a
result, the FAA has determined that it
is necessary to reopen the comment
period to provide additional
opportunity for the public to comment
on this SNPRM.
Proposed Requirements of This SNPRM
This SNPRM would require revising
the existing maintenance or inspection
program, as applicable, to incorporate
new or more restrictive airworthiness
limitations. This proposed AD also
would require sending the inspection
results to Boeing.
Costs of Compliance
The FAA estimates that this AD
affects 542 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this AD:
The FAA has determined that revising
the existing maintenance or inspection
program takes an average of 90 workhours per operator, although the FAA
recognizes that this number may vary
from operator to operator. In the past,
the FAA has estimated that this action
takes 1 work-hour per airplane. Since
operators incorporate maintenance or
inspection program changes for their
affected fleet(s), the FAA has
determined that a per-operator estimate
is more accurate than a per-airplane
estimate. Therefore, the FAA estimates
the total cost per operator to be $7,650
(90 work-hours × $85 per work-hour).
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ESTIMATED COSTS OF ON-CONDITION ACTIONS
Action
Labor cost
Reporting .....................................................
1 work-hour × $85 per hour = $85 ..................................................................................
Paperwork Reduction Act
A federal agency may not conduct or
sponsor, and a person is not required to
respond to, nor shall a person be subject
to penalty for failure to comply with a
collection of information subject to the
requirements of the Paperwork
Reduction Act unless that collection of
information displays a current valid
OMB control number. The control
number for the collection of information
required by this proposed AD is 2120–
0056. The paperwork cost associated
with this proposed AD has been
detailed in the Costs of Compliance
section of this document and includes
time for reviewing instructions, as well
as completing and reviewing the
collection of information. Therefore, all
reporting associated with this proposed
AD is mandatory. Comments concerning
the accuracy of this burden and
suggestions for reducing the burden
should be directed to Information
Collection Clearance Officer, Federal
Aviation Administration, 10101
Hillwood Parkway, Fort Worth, TX
76177–1524.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
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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
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Cost per
product
Parts cost
$0
$85
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify this proposed regulation:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Would not affect intrastate
aviation in Alaska, and
(3) Would not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
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§ 39.13
Federal Register / Vol. 86, No. 35 / Wednesday, February 24, 2021 / Proposed Rules
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
The Boeing Company: Docket No. FAA–
2019–0862; Product Identifier 2019–
NM–121–AD.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) action by April
12, 2021.
(b) Affected ADs
This AD affects AD 2014–14–04,
Amendment 39–17899 (79 FR 44672, August
1, 2014) (AD 2014–14–04).
(c) Applicability
(1) This AD applies to The Boeing
Company Model 767–200, –300, –300F, and
–400ER series airplanes, certificated in any
category, line numbers 1 through 1218
inclusive.
(2) Installation of Supplemental Type
Certificate (STC) ST01920SE affects the
ability to accomplish some of the actions
required by this AD. Therefore, for airplanes
on which STC ST01920SE is installed, a
‘‘change in product’’ alternative method of
compliance (AMOC) approval may be
necessary to comply with the requirements of
14 CFR 39.17.
(d) Subject
Air Transport Association (ATA) of
America Code 27, Flight Controls; 52, Doors;
53, Fuselage; 54, Nacelles/pylons; 55,
Stabilizers; 57, Wings.
(e) Unsafe Condition
This AD was prompted by a determination
that new or more restrictive airworthiness
limitations (AWLs) are necessary. The FAA
is issuing this AD to address inadequate
AWL and damage tolerance rating (DTR)
values in the maintenance or inspection
program that reduce the probability of
detection for foreseeable fatigue cracking of
structurally significant items (SSIs). This
condition, if not addressed, could result in
the loss of limit load capability of an SSI as
well as loss of continued safe flight and
landing of the airplane.
khammond on DSKJM1Z7X2PROD with PROPOSALS
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Maintenance or Inspection Program
Revision
Within 24 months after the effective date
of this AD, revise the existing maintenance
or inspection program, as applicable, to
incorporate the information specified in
Boeing 767–200/300/300F/400ER
Airworthiness Limitations (AWLs),
D622T001–9–01, dated July 2020; and Boeing
767–200/300/300F/400ER Damage Tolerance
Rating (DTR) Check Form Document,
D622T001–DTR, dated February 2020. Except
as specified in paragraph (h) of this AD, the
initial compliance time for doing the tasks is
at the time specified in Boeing 767–200/300/
300F/400ER Airworthiness Limitations
VerDate Sep<11>2014
16:41 Feb 23, 2021
Jkt 253001
(AWLs), D622T001–9–01, dated July 2020;
and Boeing 767–200/300/300F/400ER
Damage Tolerance Rating (DTR) Check Form
Document, D622T001–DTR, dated February
2020; or within 24 months after the effective
date of this AD; whichever occurs later.
(h) Exceptions
(1) Where Boeing 767–200/300/300F/
400ER Airworthiness Limitations (AWLs),
D622T001–9–01, dated July 2020, specifies
compliance times (‘‘thresholds’’) for wing
tank sealant removal and ensuring sealant
location limits are met, these actions must be
accomplished within the compliance times
specified in Boeing 767–200/300/300F/
400ER Airworthiness Limitations (AWLs),
D622T001–9–01, dated July 2020; or at or
before the next accomplishment of the
specific Maintenance Planning Document
(MPD) task, but no later than 6 years after the
effective date of this AD; whichever occurs
later.
(2) For any horizontal stabilizer pivot
fitting lug (SSI 55–10–I13A) on which a lug
bore oversize repair has been accomplished:
Within 24 months after the effective date of
this AD, re-evaluate the repair and obtain
revised inspection intervals, as applicable, in
accordance with the procedures specified in
paragraph (l) of this AD.
(3) Where Boeing 767–200/300/300F/
400ER Airworthiness Limitations (AWLs),
D622T001–9–01, dated July 2020; and Boeing
767–200/300/300F/400ER Damage Tolerance
Rating (DTR) Check Form Document,
D622T001–DTR, dated February 2020;
specify to submit reports within 10 days,
those reports may be submitted within 10
days after the airplane is returned to service.
(4) For airplanes having line numbers
identified in Boeing 767–200/300/300F/
400ER Airworthiness Limitations—Line
Number Specific, D622T001–9–02, dated
August 2020: Revising the existing
maintenance or inspection program, as
applicable, to incorporate the information
specified in Boeing 767–200/300/300F/
400ER Airworthiness Limitations—Line
Number Specific, D622T001–9–02, dated
August 2020, is an acceptable method of
compliance with paragraph (g) of this AD for
the tasks specified in Boeing 767–200/300/
300F/400ER Airworthiness Limitations—
Line Number Specific, D622T001–9–02,
dated August 2020, only. The initial
compliance time for doing the tasks is at the
time specified in Boeing 767–200/300/300F/
400ER Airworthiness Limitations—Line
Number Specific, D622T001–9–02, dated
August 2020; or within 24 months after the
effective date of this AD; whichever occurs
later. For all other tasks specified in the
service information identified in paragraph
(g) of this AD, the requirements of paragraph
(g) of this AD remain fully applicable and
must be complied with.
(i) No Alternative Actions or Intervals
After the existing maintenance or
inspection program has been revised as
required by paragraph (g) of this AD, no
alternative actions (e.g., inspections) or
intervals may be used unless the actions or
intervals are approved as an alternative
method of compliance (AMOC) in
PO 00000
Frm 00007
Fmt 4702
Sfmt 4702
accordance with the procedures specified in
paragraph (l) of this AD.
(j) Terminating Action for AD 2014–14–04
Accomplishing the actions required by this
AD terminates all requirements of AD 2014–
14–04.
(k) Paperwork Reduction Act Burden
Statement
A federal agency may not conduct or
sponsor, and a person is not required to
respond to, nor shall a person be subject to
a penalty for failure to comply with a
collection of information subject to the
requirements of the Paperwork Reduction
Act unless that collection of information
displays a current valid OMB Control
Number. The OMB Control Number for this
information collection is 2120–0056. Public
reporting for this collection of information is
estimated to be approximately 1 hour per
response, including the time for reviewing
instructions, searching existing data sources,
gathering and maintaining the data needed,
and completing and reviewing the collection
of information. All responses to this
collection of information are mandatory.
Send comments regarding this burden
estimate or any other aspect of this collection
of information, including suggestions for
reducing this burden to Information
Collection Clearance Officer, Federal
Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177–1524.
(l) 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 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 (m)(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 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, Seattle ACO 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.
(4) AMOCs for repairs and alterations
approved previously for AD 2003–18–10,
Amendment 39–13301 (68 FR 53503,
September 11, 2003) (AD 2003–18–10), and
AD 2014–14–04 are approved as AMOCs for
the corresponding actions specified in this
AD. All other AMOCs for AD 2003–18–10
and AD 2014–14–04 are not approved as
AMOCs for this AD.
(5) Repairs done before the effective date
of this AD that meet the conditions specified
E:\FR\FM\24FEP1.SGM
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Federal Register / Vol. 86, No. 35 / Wednesday, February 24, 2021 / Proposed Rules
in paragraphs (l)(5)(i), (ii), and (iii) of this AD
are acceptable methods of compliance for the
repaired area where the inspections of the
baseline structure cannot be accomplished.
(i) The repair was approved under both 14
CFR 25.571 and 14 CFR 26.43(d) by The
Boeing Company ODA that has been
authorized by the Manager, Seattle ACO
Branch, FAA, to make those findings.
(ii) The repair approval provides an
inspection program (inspection threshold,
method, and repetitive interval).
(iii) Operators revised their maintenance or
inspection program, as applicable, to include
the inspection program (inspection
threshold, method, and repetitive interval)
for the repair.
(m) Related Information
(1) For more information about this AD,
contact Wayne Lockett, Aerospace Engineer,
Airframe Section, FAA, Seattle ACO Branch,
2200 South 216th St., Des Moines, WA
98198; phone and fax: 206–231–3524; email:
wayne.lockett@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.
Issued on January 20, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2021–03595 Filed 2–23–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2021–0097; Project
Identifier MCAI–2020–01334–T]
RIN 2120–AA64
Airworthiness Directives; Bombardier,
Inc., Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
khammond on DSKJM1Z7X2PROD with PROPOSALS
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for
certain Bombardier, Inc., Model BD–
100–1A10 airplanes. This proposed AD
was prompted by reports of DC motor
pump (DCMP) failures during
production flight tests. This proposed
AD would require installing a
SUMMARY:
VerDate Sep<11>2014
16:41 Feb 23, 2021
Jkt 253001
redesigned DCMP electric motor
assembly. 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 April 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 Bombardier, Inc.,
200 Coˆte-Vertu Road West, Dorval,
Que´bec H4S 2A3, Canada; North
America toll-free telephone 1–866–538–
1247 or direct-dial telephone 1–514–
855–2999; email ac.yul@
aero.bombardier.com; internet https://
www.bombardier.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.
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–2021–
0097; 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.
FOR FURTHER INFORMATION CONTACT:
Steven Dzierzynski, Aerospace
Engineer, Avionics and Electrical
Systems Services Section, FAA, New
York ACO Branch, 1600 Stewart
Avenue, Suite 410, Westbury, NY
11590; phone: 516–228–7367; fax: 516–
794–5531; email: 9-avs-nyaco-cos@
faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. Send
your comments to an address listed
under ADDRESSES. Include ‘‘Docket No.
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
11163
FAA–2021–0097; Project Identifier
MCAI–2020–01334–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 amend the 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 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 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 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 Steven Dzierzynski,
Aerospace Engineer, Avionics and
Electrical Systems Services Section,
FAA, New York ACO Branch, 1600
Stewart Avenue, Suite 410, Westbury,
NY 11590; phone: 516–228–7367; fax:
516–794–5531; email: 9-avs-nyaco-cos@
faa.gov. Any commentary that the FAA
receives which is not specifically
designated as CBI will be placed in the
public docket for this rulemaking.
Discussion
Transport Canada Civil Aviation
(TCCA), which is the aviation authority
for Canada, has issued TCCA AD CF–
2020–31, dated September 23, 2020
(TCCA AD CF–2020–31) (referred to
after this as the Mandatory Continuing
Airworthiness Information, or the
MCAI), to correct an unsafe condition
for certain Bombardier, Inc., Model BD–
100–1A10 airplanes. You may examine
the MCAI in the AD docket on the
internet at https://www.regulations.gov
E:\FR\FM\24FEP1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 35 (Wednesday, February 24, 2021)]
[Proposed Rules]
[Pages 11158-11163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03595]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0862; Product Identifier 2019-NM-121-AD]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Supplemental notice of proposed rulemaking (SNPRM); reopening
of comment period.
-----------------------------------------------------------------------
SUMMARY: The FAA is revising an earlier proposal for certain The Boeing
Company Model 767-200, -300, -300F, and -400ER series airplanes. This
action revises the notice of proposed rulemaking (NPRM) by adding
airplanes to the applicability and proposing to require revising the
existing maintenance or inspection program, as applicable, to
incorporate new or more restrictive airworthiness limitations. 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 reopening the
comment period to allow the public the chance to comment on these
changes.
DATES: The comment period for the NPRM published in the Federal
Register on November 7, 2019 (84 FR 60007), is reopened.
The FAA must receive comments on this SNPRM by April 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.
[[Page 11159]]
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; internet https://www.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 on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0862.
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-2019-
0862; 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.
FOR FURTHER INFORMATION CONTACT: Wayne Lockett, Aerospace Engineer,
Airframe Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des
Moines, WA 98198; phone and fax: 206-231-3524; 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-2019-0862; Product Identifier
2019-NM-121-AD'' 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 amend
the 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
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 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 Lockett, Aerospace Engineer, Airframe Section, FAA,
Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; phone
and fax: 206-231-3524; email: [email protected]. 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 issued an NPRM to amend 14 CFR part 39 by adding an AD that
would apply to certain The Boeing Company Model 767-200, -300, -300F,
and -400ER series airplanes. The NPRM published in the Federal Register
on November 7, 2019 (84 FR 60007). The NPRM was prompted by a
determination that new or more restrictive airworthiness limitations
are necessary. The NPRM proposed to require revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive airworthiness limitations.
Actions Since the NPRM Was Issued
Since the FAA issued the NPRM, the manufacturer has issued new or
more restrictive airworthiness limitations, and the FAA has determined
it is necessary to mandate those limitations. In addition, the FAA has
determined that those new limitations apply to more airplanes than were
included in the NPRM.
Comments
The FAA gave the public the opportunity to comment on the NPRM. The
following presents the comments received on the NPRM and the FAA's
response to each comment.
Request To Clarify Compliance Time for Paragraph (h)(2) of the Proposed
AD
Boeing, American Airlines, and United Parcel Service (UPS)
requested that the FAA clarify the compliance time for the actions
described in paragraph (h)(2) of the proposed AD. The commenters noted
that no compliance time had been given for obtaining the revised
inspection intervals as directed in that paragraph, and recommended a
period of 24 months.
The FAA agrees to clarify that for any horizontal stabilizer pivot
fitting lug (SSI 55-10-I13A) on which a lug bore oversize repair has
been accomplished, the compliance time for obtaining revised inspection
intervals is within 24 months after the effective date of this AD,
which is the compliance time for revising the maintenance or inspection
program as specified in paragraph (g) of this proposed AD. The FAA has
revised paragraph (h)(2) of this proposed AD to include the specified
compliance time.
Request To Clarify New Inspection Intervals
American Airlines asked that paragraph (h)(2) of the proposed AD be
further clarified to state that the lug bore oversize repairs must be
re-evaluated and revised intervals must be obtained, as applicable.
American Airlines reasoned that revised inspection intervals might not
be required after re-evaluation, based on language in the Differences
Between This Proposed AD and the Service Information section of the
proposed AD that stated repairs ``will require further evaluation to
determine the applicable inspection interval to be incorporated.''
The FAA agrees with the commenter's request. The FAA acknowledges
that upon further evaluation of the repair, it is possible certain
intervals might not be revised, and the inspection program provided in
the original approved alternative method of compliance (AMOC) for that
repair would still be acceptable. The FAA has revised paragraph (h)(2)
of this proposed AD to clarify that the requirement is to ``re-evaluate
the repair and obtain revised inspection intervals, as applicable.''
Request To Modify Applicability Paragraph of the Proposed AD
Aviation Partners Boeing (APB) requested that paragraph (c) of the
proposed AD be amended to include language advising that a ``change in
product'' AMOC approval may be needed for airplanes with Supplemental
Type Certificate (STC) ST01920SE installed. APB stated that
installation of
[[Page 11160]]
STC ST01920SE affects the ability to accomplish some of the actions
required by the proposed AD. APB noted that it is in the process of
revising the APB airworthiness limitations (AWL) and damage tolerance
rating (DTR) Check Form Supplements to define the alternative
inspections and/or inspection intervals required for the structural
AWLs affected by the revised Boeing service information. APB noted that
its documents are ``alternative'' to the Boeing service information and
that APB planned to apply for an AMOC to the proposed AD if it is
adopted as a final rule.
The FAA agrees with the request to add a paragraph providing the
specified information. The FAA has redesignated paragraph (c) of the
proposed AD (in the NPRM) as paragraph (c)(1) of this proposed AD and
added paragraph (c)(2) to this proposed AD to advise operators that
installation of STC ST01920SE affects the ability to accomplish some of
the actions required by this AD, and that an AMOC may be required in
order to comply with the requirements of 14 CFR 39.17.
Additionally, the FAA emphasizes that for any airplane that is
modified by an STC that affects any structurally significant item (SSI)
inspections, an AMOC approval request is necessary to comply with the
requirements of 14 CFR 39.17.
Request To Clarify the Intent of Paragraph (l)(4) of the Proposed AD
American Airlines requested that the FAA clarify the intent of the
last sentence of paragraph (l)(4) of the proposed AD and confirm that
operators are not required to re-notify principal inspectors, as
specified in paragraph (l)(2) of the proposed AD, or to revise
previously approved AMOCs. The commenter stated that the final sentence
of the paragraph seems to nullify the guidance of the previous
sentence.
The FAA agrees to clarify the intent of paragraph (l)(4) of this
proposed AD. The intent of paragraph (l)(4) of this proposed AD is to
allow previously approved AMOCs only for repairs and alterations. The
last sentence of paragraph (l)(4) of this proposed AD is intended to
advise that revisions of the AWL prior to the July 2020 revision, that
were approved as an AMOC to AD 2014-14-04, Amendment 39-17899 (79 FR
44672, August 1, 2014) (AD 2014-14-04), cannot be used to comply with
any actions in this proposed AD. In addition, for existing AMOCs to AD
2003-18-10, Amendment 39-13301 (68 FR 53503, September 11, 2003) (AD
2003-18-10), and AD 2014-14-04, operators are not required to re-notify
FAA personnel in accordance with paragraph (l)(2) of this proposed AD.
Finally, existing AMOCs to ADs 2003-18-10 and 2014-14-04 are not
required to be revised to specifically reference this proposed AD. This
proposed AD has not been changed with regard to this request.
Request To Clarify Paragraph (l)(5) of the Proposed AD
American Airlines requested clarification of the compliance time
for the requirements of paragraph (l)(5) of the proposed AD. American
Airlines asserted that for a recently accomplished repair approved by
the The Boeing Company Organization Designation Authorization (ODA) for
Stage I, and currently pending damage tolerance evaluation (DTE) (Stage
II/III), the compliance time should align with the standard Boeing DTE
timeline of 24 months from Stage I approval to completion of Stage I,
II, and III approval. American Airlines also requested confirmation
that repair approvals obtained in accordance with paragraph (l)(5) of
the proposed AD do not require reference to the proposed AD, since
those approvals were issued prior to the effective date of this AD.
The FAA does not agree with the request to allow repairs in
progress to use the 24-month Boeing DTE timeline. To use the provisions
specified in paragraph (l)(5) of this proposed AD, the repair must be
completed before the effective date of this AD. Repairs accomplished
before the effective date of this AD that do not meet the conditions
specified in paragraphs (l)(5)(ii) and (iii) of this proposed AD have
until when the next AD-required inspection is due to obtain any AMOC
that may be needed.
Regarding the repair approval request, the FAA confirms that the
approvals do not need to refer to this AD. The FAA has not changed this
proposed AD regarding this issue.
Request To Clarify ``Next Wing Tank Entry''
UPS requested clarification of the term ``next wing tank entry'' as
used in paragraph (h)(1) of the proposed AD. The commenter stated that
the term is unnecessary and adds confusion.
The FAA agrees with the request to clarify what was meant by ``next
wing tank entry.'' The intent is to allow accomplishment of the sealant
removal task prior to the next accomplishment of the specific
maintenance planning document task, and not during a fuel tank entry
for non-AWL-related reasons. The FAA has removed ``next fuel tank
entry'' from the exception in paragraph (h)(1) of this proposed AD and
replaced it with ``next accomplishment of the specific Maintenance
Planning Document (MPD) task.''
Request To Change the Grace Period in Paragraph (h)(1) of the Proposed
AD
UPS requested that the grace period in paragraph (h)(1) of the
proposed AD be changed from 6 years to 8 years. UPS stated it considers
that the FAA is providing accommodations for the tasks that can be
repeated at intervals up to 4C, considering an 18-month 1C check
interval. However, UPS noted that per Subsection B, ``Structural
Inspections'' of Boeing 767-200/300/300F/400ER Airworthiness
Limitations (AWLs), D622T001-9-01, dated July 2020, a 1C check is
defined as 3,000 flight cycles, or 24 months, or 9,000 flight hours,
whichever occurs first. UPS stated that an 8-year grace period is more
acceptable to meet the intent of the accommodation by the FAA.
The FAA disagrees with the requested grace period of ``not to
exceed 8 years'' because the 6-year grace period does meet the FAA's
intent to provide a grace period for certain instructions to do certain
actions, In addition, the commenter did not provide adequate supporting
documentation to justify the escalation. All MPD tasks listed in the
Excess Sealant Table of the AWL document have a baseline repetitive
inspection interval of 6 years. Even though these tasks may have the
option for escalation of the inspection intervals, each operator
addresses escalation differently, and may request an escalation using
the AMOC process. The FAA has not changed this proposed AD regarding
this issue.
Request To Allow an Acceptable Method of Compliance for Certain Tasks
FedEx Express requested that the FAA incorporate Boeing 767-200/
300/300F/400ER Airworthiness Limitations--Line Number Specific,
D622T001-9-02, dated April 2019, as another acceptable method of
compliance for the proposed AD. The commenter noted that certain
requirements of Boeing 767-200/300/300F/400ER Airworthiness Limitations
(AWLs), D622T001-9-01, dated June 2019, cannot be accomplished due to
specific line number differences in configuration as a result of
Material Review Board (MRB) actions.
The FAA agrees with the request. However, the FAA notes that Boeing
has released a newer version of the document mentioned by the
commenter. The FAA has therefore added paragraph (h)(4) to this
proposed AD to specify that revising the existing maintenance
[[Page 11161]]
or inspection program, as applicable, to incorporate the information
specified in Boeing 767-200/300/300F/400ER Airworthiness Limitations--
Line Number Specific, D622T001-9-02, dated August 2020, is an
acceptable method of compliance with paragraph (g) of this proposed AD
for the tasks specified in that document only.
Related Service Information Under 1 CFR Part 51
The FAA reviewed the following service information, which describes
airworthiness limitations for structural inspections and structural
safe life limits among other limitations. These documents are distinct
since they apply to different configurations.
Boeing 767-200/300/300F/400ER Airworthiness Limitations
(AWLs), D622T001-9-01, dated July 2020.
Boeing 767-200/300/300F/400ER Airworthiness Limitations--
Line Number Specific, D622T001-9-02, dated August 2020.
The FAA also reviewed Boeing 767-200/300/300F/400ER Damage
Tolerance Rating (DTR) Check Form Document, D622T001-DTR, dated
February 2020. This service information includes the DTR check forms
and the procedure for their use.
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. Certain changes described above expand the scope of the
NPRM. As a result, the FAA has determined that it is necessary to
reopen the comment period to provide additional opportunity for the
public to comment on this SNPRM.
Proposed Requirements of This SNPRM
This SNPRM would require revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations. This proposed AD also would
require sending the inspection results to Boeing.
Costs of Compliance
The FAA estimates that this AD affects 542 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the FAA recognizes that this number may vary from operator to
operator. In the past, the FAA has estimated that this action takes 1
work-hour per airplane. Since operators incorporate maintenance or
inspection program changes for their affected fleet(s), the FAA has
determined that a per-operator estimate is more accurate than a per-
airplane estimate. Therefore, the FAA estimates the total cost per
operator to be $7,650 (90 work-hours x $85 per work-hour).
Estimated Costs of On-Condition Actions
----------------------------------------------------------------------------------------------------------------
Cost per
Action Labor cost Parts cost product
----------------------------------------------------------------------------------------------------------------
Reporting..................................... 1 work-hour x $85 per hour = $85 $0 $85
----------------------------------------------------------------------------------------------------------------
Paperwork Reduction Act
A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid OMB control number. The control
number for the collection of information required by this proposed AD
is 2120-0056. The paperwork cost associated with this proposed AD has
been detailed in the Costs of Compliance section of this document and
includes time for reviewing instructions, as well as completing and
reviewing the collection of information. Therefore, all reporting
associated with this proposed AD is mandatory. Comments concerning the
accuracy of this burden and suggestions for reducing the burden should
be directed to Information Collection Clearance Officer, Federal
Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-
1524.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation Programs''
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
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.
[[Page 11162]]
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-2019-0862; Product Identifier
2019-NM-121-AD.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) action by April 12, 2021.
(b) Affected ADs
This AD affects AD 2014-14-04, Amendment 39-17899 (79 FR 44672,
August 1, 2014) (AD 2014-14-04).
(c) Applicability
(1) This AD applies to The Boeing Company Model 767-200, -300, -
300F, and -400ER series airplanes, certificated in any category,
line numbers 1 through 1218 inclusive.
(2) Installation of Supplemental Type Certificate (STC)
ST01920SE affects the ability to accomplish some of the actions
required by this AD. Therefore, for airplanes on which STC ST01920SE
is installed, a ``change in product'' alternative method of
compliance (AMOC) approval may be necessary to comply with the
requirements of 14 CFR 39.17.
(d) Subject
Air Transport Association (ATA) of America Code 27, Flight
Controls; 52, Doors; 53, Fuselage; 54, Nacelles/pylons; 55,
Stabilizers; 57, Wings.
(e) Unsafe Condition
This AD was prompted by a determination that new or more
restrictive airworthiness limitations (AWLs) are necessary. The FAA
is issuing this AD to address inadequate AWL and damage tolerance
rating (DTR) values in the maintenance or inspection program that
reduce the probability of detection for foreseeable fatigue cracking
of structurally significant items (SSIs). This condition, if not
addressed, could result in the loss of limit load capability of an
SSI as well as loss of continued safe flight and landing of the
airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Maintenance or Inspection Program Revision
Within 24 months after the effective date of this AD, revise the
existing maintenance or inspection program, as applicable, to
incorporate the information specified in Boeing 767-200/300/300F/
400ER Airworthiness Limitations (AWLs), D622T001-9-01, dated July
2020; and Boeing 767-200/300/300F/400ER Damage Tolerance Rating
(DTR) Check Form Document, D622T001-DTR, dated February 2020. Except
as specified in paragraph (h) of this AD, the initial compliance
time for doing the tasks is at the time specified in Boeing 767-200/
300/300F/400ER Airworthiness Limitations (AWLs), D622T001-9-01,
dated July 2020; and Boeing 767-200/300/300F/400ER Damage Tolerance
Rating (DTR) Check Form Document, D622T001-DTR, dated February 2020;
or within 24 months after the effective date of this AD; whichever
occurs later.
(h) Exceptions
(1) Where Boeing 767-200/300/300F/400ER Airworthiness
Limitations (AWLs), D622T001-9-01, dated July 2020, specifies
compliance times (``thresholds'') for wing tank sealant removal and
ensuring sealant location limits are met, these actions must be
accomplished within the compliance times specified in Boeing 767-
200/300/300F/400ER Airworthiness Limitations (AWLs), D622T001-9-01,
dated July 2020; or at or before the next accomplishment of the
specific Maintenance Planning Document (MPD) task, but no later than
6 years after the effective date of this AD; whichever occurs later.
(2) For any horizontal stabilizer pivot fitting lug (SSI 55-10-
I13A) on which a lug bore oversize repair has been accomplished:
Within 24 months after the effective date of this AD, re-evaluate
the repair and obtain revised inspection intervals, as applicable,
in accordance with the procedures specified in paragraph (l) of this
AD.
(3) Where Boeing 767-200/300/300F/400ER Airworthiness
Limitations (AWLs), D622T001-9-01, dated July 2020; and Boeing 767-
200/300/300F/400ER Damage Tolerance Rating (DTR) Check Form
Document, D622T001-DTR, dated February 2020; specify to submit
reports within 10 days, those reports may be submitted within 10
days after the airplane is returned to service.
(4) For airplanes having line numbers identified in Boeing 767-
200/300/300F/400ER Airworthiness Limitations--Line Number Specific,
D622T001-9-02, dated August 2020: Revising the existing maintenance
or inspection program, as applicable, to incorporate the information
specified in Boeing 767-200/300/300F/400ER Airworthiness
Limitations--Line Number Specific, D622T001-9-02, dated August 2020,
is an acceptable method of compliance with paragraph (g) of this AD
for the tasks specified in Boeing 767-200/300/300F/400ER
Airworthiness Limitations--Line Number Specific, D622T001-9-02,
dated August 2020, only. The initial compliance time for doing the
tasks is at the time specified in Boeing 767-200/300/300F/400ER
Airworthiness Limitations--Line Number Specific, D622T001-9-02,
dated August 2020; or within 24 months after the effective date of
this AD; whichever occurs later. For all other tasks specified in
the service information identified in paragraph (g) of this AD, the
requirements of paragraph (g) of this AD remain fully applicable and
must be complied with.
(i) No Alternative Actions or Intervals
After the existing maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections) or intervals may be used unless the
actions or intervals are approved as an alternative method of
compliance (AMOC) in accordance with the procedures specified in
paragraph (l) of this AD.
(j) Terminating Action for AD 2014-14-04
Accomplishing the actions required by this AD terminates all
requirements of AD 2014-14-04.
(k) Paperwork Reduction Act Burden Statement
A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty
for failure to comply with a collection of information subject to
the requirements of the Paperwork Reduction Act unless that
collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 1 hour per response, including the
time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and
reviewing the collection of information. All responses to this
collection of information are mandatory. Send comments regarding
this burden estimate or any other aspect of this collection of
information, including suggestions for reducing this burden to
Information Collection Clearance Officer, Federal Aviation
Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524.
(l) 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 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 (m)(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, Seattle
ACO 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.
(4) AMOCs for repairs and alterations approved previously for AD
2003-18-10, Amendment 39-13301 (68 FR 53503, September 11, 2003) (AD
2003-18-10), and AD 2014-14-04 are approved as AMOCs for the
corresponding actions specified in this AD. All other AMOCs for AD
2003-18-10 and AD 2014-14-04 are not approved as AMOCs for this AD.
(5) Repairs done before the effective date of this AD that meet
the conditions specified
[[Page 11163]]
in paragraphs (l)(5)(i), (ii), and (iii) of this AD are acceptable
methods of compliance for the repaired area where the inspections of
the baseline structure cannot be accomplished.
(i) The repair was approved under both 14 CFR 25.571 and 14 CFR
26.43(d) by The Boeing Company ODA that has been authorized by the
Manager, Seattle ACO Branch, FAA, to make those findings.
(ii) The repair approval provides an inspection program
(inspection threshold, method, and repetitive interval).
(iii) Operators revised their maintenance or inspection program,
as applicable, to include the inspection program (inspection
threshold, method, and repetitive interval) for the repair.
(m) Related Information
(1) For more information about this AD, contact Wayne Lockett,
Aerospace Engineer, Airframe Section, FAA, Seattle ACO Branch, 2200
South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3524;
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; 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.
Issued on January 20, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-03595 Filed 2-23-21; 8:45 am]
BILLING CODE 4910-13-P
