Airworthiness Directives; The Boeing Company Airplanes, 28483-28486 [2021-11065]

Download as PDF Federal Register / Vol. 86, No. 101 / Thursday, May 27, 2021 / Rules and Regulations 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) 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 ATR–GIE Avions de Transport Re´gional’s EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOAauthorized signature. (j) Related Information For more information about this AD, contact Shahram Daneshmandi, Aerospace Engineer, Large Aircraft Section, International Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206–231–3220; email: shahram.daneshmandi@faa.gov. jbell on DSKJLSW7X2PROD with RULES (k) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise. (i) European Union Aviation Safety Agency (EASA) AD 2020–0227, dated October 19, 2020. (ii) [Reserved] (3) For EASA AD 2020–0227, contact EASA, Konrad-Adenauer-Ufer 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. (4) 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–2020–1184. (5) You may view this material that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email fedreg.legal@ nara.gov, or go to: https://www.archives.gov/ federal-register/cfr/ibr-locations.html. Issued on April 23, 2021. Gaetano A. Sciortino, Deputy Director for Strategic Initiatives, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2021–11089 Filed 5–26–21; 8:45 am] BILLING CODE 4910–13–P VerDate Sep<11>2014 16:14 May 26, 2021 Jkt 253001 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2019–0862; Project Identifier 2019–NM–121–AD; Amendment 39–21552; AD 2021–10–19] RIN 2120–AA64 Airworthiness Directives; The Boeing Company Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: The FAA is adopting a new airworthiness directive (AD) for certain The Boeing Company Model 767–200, –300, –300F, and –400ER series airplanes. This AD was prompted by a determination that new or more restrictive airworthiness limitations (AWLs) are necessary. This AD requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective July 1, 2021. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of July 1, 2021. ADDRESSES: For service information identified in this final rule, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110–SK57, Seal Beach, CA 90740–5600; telephone 562–797–1717; internet https://www.myboeingfleet.com. You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. It is also available at https:// www.regulations.gov by searching for and locating Docket No. FAA–2019– 0862. SUMMARY: Examining the AD Docket You may examine the AD docket 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 final rule, any comments received, and other information. The address for Docket Operations is U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 28483 Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. 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: Background The FAA issued a notice of proposed rulemaking (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 AWLs are necessary. In the NPRM, the FAA proposed to require revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive AWLs. The FAA issued a supplemental notice of proposed rulemaking (SNPRM) 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 SNPRM published in the Federal Register on February 24, 2021 (86 FR 11158). The SNPRM was prompted by a determination that new or more restrictive AWLs are necessary. The SNPRM proposed to add airplanes to the applicability, and to require revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive AWLs. 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. Discussion of Final Airworthiness Directive Comments The FAA received comments from Boeing, FedEx Express, and United Airlines, who stated support for the SNPRM without change. Conclusion The FAA reviewed the relevant data, considered the comments received, and determined that air safety requires E:\FR\FM\27MYR1.SGM 27MYR1 28484 Federal Register / Vol. 86, No. 101 / Thursday, May 27, 2021 / Rules and Regulations adopting this AD as proposed. Except for minor editorial changes, this AD is adopted as proposed in the SNPRM. None of the changes will increase the economic burden on any operator. 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 ADDRESSES. Related Service Information Under 1 CFR Part 51 The FAA reviewed the following service information, which specifies AWLs for structural inspections and structural safe life limits, among other limitations. These documents are distinct since they apply to different airplane 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 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. 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). ESTIMATED COSTS OF ON-CONDITION ACTIONS Action Labor cost Reporting ...................................................................... 1 work-hour × $85 per hour = $85 ............................... jbell on DSKJLSW7X2PROD with RULES 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 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 currently 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 take 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. 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. VerDate Sep<11>2014 16:14 May 26, 2021 Jkt 253001 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. Fmt 4700 $85 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. The Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. This AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866, (2) Will not affect intrastate aviation in Alaska, and (3) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. Frm 00016 $0 List of Subjects in 14 CFR Part 39 Regulatory Findings PO 00000 Cost per product Parts cost Sfmt 4700 § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive: ■ 2021–10–19 The Boeing Company: Amendment 39–21552; Docket No. FAA–2019–0862; Project Identifier 2019–NM–121–AD. (a) Effective Date This airworthiness directive (AD) is effective July 1, 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. E:\FR\FM\27MYR1.SGM 27MYR1 Federal Register / Vol. 86, No. 101 / Thursday, May 27, 2021 / Rules and Regulations (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. jbell on DSKJLSW7X2PROD with RULES (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 VerDate Sep<11>2014 16:14 May 26, 2021 Jkt 253001 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 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 28485 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) of this AD. Information may be emailed to: 9-ANMSeattle-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 in paragraphs (l)(5)(i) through (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 existing maintenance or inspection program, as applicable, to include the inspection program (inspection threshold, method, and repetitive interval) for the repair. (m) Related Information 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. E:\FR\FM\27MYR1.SGM 27MYR1 28486 Federal Register / Vol. 86, No. 101 / Thursday, May 27, 2021 / Rules and Regulations (n) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise. (i) Boeing 767–200/300/300F/400ER Airworthiness Limitations (AWLs), D622T001–9–01, dated July 2020. (ii) Boeing 767–200/300/300F/400ER Airworthiness Limitations—Line Number Specific, D622T001–9–02, dated August 2020. (iii) Boeing 767–200/300/300F/400ER Damage Tolerance Rating (DTR) Check Form Document, D622T001–DTR, dated February 2020. (3) For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110–SK57, Seal Beach, CA 90740–5600; telephone 562–797–1717; internet https:// www.myboeingfleet.com. (4) You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. (5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email fedreg.legal@nara.gov, or go to: https:// www.archives.gov/federal-register/cfr/ibrlocations.html. Issued on May 5, 2021. Lance T. Gant, Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2021–11065 Filed 5–26–21; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2021–0041; Airspace Docket No. 20–ANM–60] RIN 2120–AA66 Amendment and Establishment of Class E Airspace; Baker City, OR Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: This action modifies the Class E airspace, designated as a surface area for Baker City Municipal Airport. This action also proposes to establish Class E airspace, designated as an extension to a Class D or Class E surface area. Additionally, this action modifies the jbell on DSKJLSW7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 16:14 May 26, 2021 Jkt 253001 Class E airspace extending upward from 700 feet above the surface. This action also removes the Baker City VORTAC from the Class E2 and the VOR/DME from the Class E5 text headers and airspace descriptions. Lastly, this action implements several administrative corrections to the airspaces’ legal descriptions. DATES: Effective 0901 UTC, August 12, 2021. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order 7400.11 and publication of conforming amendments. ADDRESSES: FAA Order 7400.11E, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at https:// www.faa.gov//air_traffic/publications/. For further information, you can contact the Airspace Policy Group, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267–8783. The Order is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of FAA Order 7400.11E at NARA, email fedreg.legal@nara.gov or go to https:// www.archives.gov/federal-register/cfr/ ibr-locations.html. FOR FURTHER INFORMATION CONTACT: Elizabeth Healy, Federal Aviation Administration, Western Service Center, Operations Support Group, 2200 S 216th Street, Des Moines, WA 98198; telephone (206) 231–2227. SUPPLEMENTARY INFORMATION: Authority for This Rulemaking The FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it modifies Class E airspace at Baker City Municipal Airport, Baker City, OR, to ensure the safety and management of IFR operations at the airport. History The FAA published a notice of proposed rulemaking in the Federal PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 Register (86 FR 13244; March 8, 2021) for Docket No. FAA–2021–0041 to modify the Class E airspace at Baker City Municipal Airport, Baker City, OR. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. One nonsubstantive comment was received suggesting it would be helpful if a graphic was included with the proposed notice showing how the sectional chart will change. Class E2, E4, and E5 airspace designations are published in paragraph 6002, 6004, and 6005 of FAA Order 7400.11E, dated July 21, 2020, and effective September 15, 2020, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designation listed in this document will be published subsequently in the Order. Availability and Summary of Documents for Incorporation by Reference This document amends FAA Order 7400.11E, Airspace Designations and Reporting Points, dated July 21, 2020, and effective September 15, 2020. FAA Order 7400.11E is publicly available as listed in the ADDRESSES section of this document. FAA Order 7400.11E lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points. The Rule This amendment to 14 CFR part 71 modifies the Class E airspace designated as a surface area, at Baker City Municipal Airport. This area is designed to contain arriving IFR aircraft descending below 1,000 feet above the surface, and IFR departures until reaching 700 feet above the surface. This area is described as follows: That airspace extending upward from the surface within a 4.2-mile radius of the airport, and within 1.8 miles north and 3.1 miles south of the 097° bearing from the airport, extending from the 4.2-mile radius to 5.3 miles east of the airport, and within 1.8 miles southwest and 1.9 miles northeast of the 142° bearing from the airport, extending from the 4.2-mile radius to 9.4 miles southeast of the airport. This action also modifies the Class E airspace by establishing an area that is designated as an extension to a Class D or Class E surface area. This area is designed to properly contain IFR aircraft descending below 1,000 feet above the surface. This area is described as follows: That airspace extending upward from the surface within 3.2 miles each side of the 332° bearing from the airport, extending from the 4.2-mile E:\FR\FM\27MYR1.SGM 27MYR1

Agencies

[Federal Register Volume 86, Number 101 (Thursday, May 27, 2021)]
[Rules and Regulations]
[Pages 28483-28486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11065]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0862; Project Identifier 2019-NM-121-AD; Amendment 
39-21552; AD 2021-10-19]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain The Boeing Company Model 767-200, -300, -300F, and -400ER 
series airplanes. This AD was prompted by a determination that new or 
more restrictive airworthiness limitations (AWLs) are necessary. This 
AD requires revising the existing maintenance or inspection program, as 
applicable, to incorporate new or more restrictive airworthiness 
limitations. The FAA is issuing this AD to address the unsafe condition 
on these products.

DATES: This AD is effective July 1, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of July 1, 2021.

ADDRESSES: For service information identified in this final rule, 
contact Boeing Commercial Airplanes, Attention: Contractual & Data 
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 
90740-5600; telephone 562-797-1717; internet https://www.myboeingfleet.com. You may view this service information at the 
FAA, Airworthiness Products Section, Operational Safety Branch, 2200 
South 216th St., Des Moines, WA. For information on the availability of 
this material at the FAA, call 206-231-3195. It is also available at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2019-0862.

Examining the AD Docket

    You may examine the AD docket 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 final rule, any 
comments received, and other information. The address for Docket 
Operations is U.S. Department of Transportation, Docket Operations, M-
30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue 
SE, Washington, DC 20590.

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:

Background

    The FAA issued a notice of proposed rulemaking (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 AWLs are necessary. In the NPRM, the FAA proposed to 
require revising the existing maintenance or inspection program, as 
applicable, to incorporate new or more restrictive AWLs.
    The FAA issued a supplemental notice of proposed rulemaking (SNPRM) 
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 SNPRM published in the Federal Register on February 24, 2021 (86 FR 
11158). The SNPRM was prompted by a determination that new or more 
restrictive AWLs are necessary. The SNPRM proposed to add airplanes to 
the applicability, and to require revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive AWLs. 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.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from Boeing, FedEx Express, and United 
Airlines, who stated support for the SNPRM without change.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received, and determined that air safety requires

[[Page 28484]]

adopting this AD as proposed. Except for minor editorial changes, this 
AD is adopted as proposed in the SNPRM. None of the changes will 
increase the economic burden on any operator.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed the following service information, which specifies 
AWLs for structural inspections and structural safe life limits, among 
other limitations. These documents are distinct since they apply to 
different airplane 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 ADDRESSES.

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. 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 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 currently 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 take 
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.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: General requirements. 
Under that section, Congress charges the FAA with promoting safe flight 
of civil aircraft in air commerce by prescribing regulations for 
practices, methods, and procedures the Administrator finds necessary 
for safety in air commerce. This regulation is within the scope of that 
authority because it addresses an unsafe condition that is likely to 
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD will not have a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

2021-10-19 The Boeing Company: Amendment 39-21552; Docket No. FAA-
2019-0862; Project Identifier 2019-NM-121-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective July 1, 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.

[[Page 28485]]

    (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) 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 in paragraphs (l)(5)(i) through (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 existing maintenance or inspection 
program, as applicable, to include the inspection program 
(inspection threshold, method, and repetitive interval) for the 
repair.

(m) Related Information

    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].

[[Page 28486]]

(n) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing 767-200/300/300F/400ER Airworthiness Limitations 
(AWLs), D622T001-9-01, dated July 2020.
    (ii) Boeing 767-200/300/300F/400ER Airworthiness Limitations--
Line Number Specific, D622T001-9-02, dated August 2020.
    (iii) Boeing 767-200/300/300F/400ER Damage Tolerance Rating 
(DTR) Check Form Document, D622T001-DTR, dated February 2020.
    (3) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Contractual & Data Services 
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone 562-797-1717; internet https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 2200 
South 216th St., Des Moines, WA. For information on the availability 
of this material at the FAA, call 206-231-3195.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on May 5, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-11065 Filed 5-26-21; 8:45 am]
BILLING CODE 4910-13-P