Airworthiness Directives; The Boeing Company Airplanes, 11158-11163 [2021-03595]

Download as PDF 11158 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. khammond on DSKJM1Z7X2PROD with PROPOSALS (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: VerDate Sep<11>2014 16:41 Feb 23, 2021 Jkt 253001 (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. PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 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: E:\FR\FM\24FEP1.SGM 24FEP1 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: khammond on DSKJM1Z7X2PROD with PROPOSALS 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. VerDate Sep<11>2014 16:41 Feb 23, 2021 Jkt 253001 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. PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 11159 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 E:\FR\FM\24FEP1.SGM 24FEP1 11160 Federal Register / Vol. 86, No. 35 / Wednesday, February 24, 2021 / Proposed Rules khammond on DSKJM1Z7X2PROD with PROPOSALS 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 VerDate Sep<11>2014 16:41 Feb 23, 2021 Jkt 253001 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 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 (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 E:\FR\FM\24FEP1.SGM 24FEP1 11161 Federal Register / Vol. 86, No. 35 / Wednesday, February 24, 2021 / Proposed Rules 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). khammond on DSKJM1Z7X2PROD with PROPOSALS 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 VerDate Sep<11>2014 16:41 Feb 23, 2021 Jkt 253001 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 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 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. E:\FR\FM\24FEP1.SGM 24FEP1 11162 § 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 24FEP1 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 http:// 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 24FEP1

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