Airworthiness Directives; The Boeing Company Airplanes, 56840-56843 [2021-22203]
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56840
Proposed Rules
Federal Register
Vol. 86, No. 195
Wednesday, October 13, 2021
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 984
[Doc. No. AMS–SC–21–0067; SC20–984–3
CR]
Walnuts Grown in California;
Continuance Referendum
Agricultural Marketing Service,
Department of Agriculture (USDA).
ACTION: Referendum order.
AGENCY:
This document directs that a
referendum be conducted among
eligible California walnut growers to
determine whether they favor
continuance of the marketing order
regulating the handling of walnuts
grown in California.
DATES: The referendum will be
conducted from December 6 through
December 31, 2021. To vote in this
referendum, growers must have
produced walnuts in California during
the period September 1, 2020, through
August 31, 2021.
ADDRESSES: Copies of the marketing
order may be obtained from the office of
the referendum agents at 1220 SW 3rd
Avenue, Suite 305, Portland, OR 97204;
Telephone: (503) 326–2724; or the
Office of the Docket Clerk, Marketing
Order and Agreement Division,
Specialty Crops Program, AMS, USDA,
1400 Independence Avenue SW, STOP
0237, Washington, DC 20250–0237;
Telephone: (202) 720–2491; or on the
internet at https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Joshua R. Wilde or Gary D. Olson,
Northwest Marketing Field Office,
Marketing Order and Agreement
Division, Specialty Crops Program,
AMS, USDA, 1220 SW 3rd Avenue,
Suite 305, Portland, OR 97204;
Telephone: (503) 326–2724, or Email:
Joshua.R.Wilde@usda.gov or
GaryD.Olson@usda.gov.
SUPPLEMENTARY INFORMATION: Pursuant
to Marketing Agreement and Order No.
984, as amended (7 CFR part 984),
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SUMMARY:
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hereinafter referred to as the ‘‘Order,’’
and applicable provisions of the
Agricultural Marketing Agreement Act
of 1937, as amended (7 U.S.C. 601–674),
hereinafter referred to as the ‘‘Act,’’ it is
hereby directed that a referendum be
conducted to ascertain whether
continuance of the Order is favored by
the growers. The referendum shall be
conducted from December 6 to
December 31, 2021, among eligible
California walnut growers. Only growers
that were engaged in the production of
walnuts in California during the period
September 1, 2020, through August 31,
2021, may participate in the
continuance referendum.
USDA has determined that
continuance referenda are an effective
means for determining whether growers
favor continuation of marketing order
programs. The Order will continue in
effect if at least two-thirds of growers
voting in the referendum, or growers of
at least two-thirds of the volume of
California walnuts represented in the
referendum, favor continuance. In
evaluating merits of continuance versus
termination, USDA will not exclusively
consider results of the continuance
referendum. USDA will also consider all
other relevant information concerning
the operation of the Order and relative
benefits and disadvantages to growers,
handlers, and consumers in order to
determine whether continued operation
of the Order would tend to effectuate
the declared policy of the Act.
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C.
Chapter 35), the ballots used in the
referendum have been approved by the
Office of Management and Budget
(OMB) and have been assigned OMB
No. 0581–0178—Vegetable and
Specialty Crops. It has been estimated
that it will take an average of 20 minutes
for each of the approximately 4,400
growers of California walnuts to cast a
ballot. Participation is voluntary. Ballots
postmarked after December 31, 2021,
will not be included in the vote
tabulation.
Joshua R. Wilde and Gary D. Olson of
the Northwest Marketing Field Office,
Specialty Crops Program, Agricultural
Marketing Service (AMS), USDA, are
hereby designated as the referendum
agents of the Secretary of Agriculture to
conduct this referendum. The procedure
applicable to the referendum shall be
the ‘‘Procedure for the Conduct of
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Referenda in Connection with
Marketing Orders for Fruits, Vegetables,
and Nuts Pursuant to the Agricultural
Marketing Agreement Act of 1937, as
Amended’’ (7 CFR 900.400 through
900.407).
Ballots will be mailed to all growers
of record and may also be obtained from
the referendum agents or from their
appointees.
List of Subjects in 7 CFR Part 984
Marketing agreements, Nuts,
Reporting and recordkeeping
requirements, Walnuts.
Authority: 7 U.S.C. 601–674.
Erin Morris,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2021–22312 Filed 10–12–21; 8:45 am]
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2021–0788; Project
Identifier AD–2021–00489–T]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for
certain The Boeing Company Model
737–700, –800, and –900ER series
airplanes. This proposed AD was
prompted by reports of incorrectly
installed fuselage skin fasteners. This
proposed AD would require a detailed
inspection of a certain body station
bulkhead, between certain stringers, for
any incorrectly installed fastener
common to fuselage skin, and
applicable on-condition actions. 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 November 29,
2021.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
SUMMARY:
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Federal Register / Vol. 86, No. 195 / Wednesday, October 13, 2021 / Proposed Rules
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations,
M–30, West Building Ground Floor,
Room W12–140, 1200 New Jersey
Avenue SE, Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For service information identified in
this NPRM, contact Boeing Commercial
Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster
Blvd., MC 110–SK57, Seal Beach, CA
90740–5600; 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. It is also available at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2021–
0788.
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Examining the AD Docket
You may examine the AD docket at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2021–0788; 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: Lu
Lu, Aerospace Engineer, Airframe
Section, FAA, Seattle ACO Branch, 2200
South 216th St., Des Moines, WA 98198;
phone and fax: 206–231–3525; email:
lu.lu@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.
FAA–2021–0788; Project Identifier AD–
2021–00489–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 this proposal
because of those comments.
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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 NPRM.
loads on the bulkhead chord that could
cause chord failure and adjacent skin
failure, resulting in reduced control of
the airplane.
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 Lu Lu, Aerospace
Engineer, Airframe Section, FAA,
Seattle ACO Branch, 2200 South 216th
St., Des Moines, WA 98198; phone and
fax: 206–231–3525; email: lu.lu@
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.
Related Service Information Under 1
CFR Part 51
The FAA reviewed Boeing Alert
Requirements Bulletin 737–53A1384
RB, dated September 10, 2020. This
service information specifies procedures
for a detailed inspection for incorrectly
installed fasteners at the STA 727
bulkhead outer chord common to the
fuselage skin between stringers S–22
and S–27 on the left and right sides, and
applicable on-condition actions. In
addition to repair and replacement, oncondition actions include repetitive
inspections for cracking of the fuselage
skin between stringers S–22 and S–27;
an open hole high frequency eddy
current (HFEC) inspection for cracking
at all incorrectly installed fastener
locations; and external and internal
general visual inspections for repairs of
the STA 727 bulkhead. On-condition
actions also include repetitive HFEC
and low frequency eddy current (LFEC)
inspections in unrepaired areas for
cracking of the inner skin from the
wheel well; of the outer, upper, and
lower chords from the wheel well; and
of the fail-safe chord from the cargo
compartment.
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.
Background
The FAA has received a report
indicating incorrectly installed fasteners
were found at the station (STA) 727
bulkhead between stringers S–22 and S–
27. The fasteners, installed with a gap
under the fastener head, were found at
the STA 727 bulkhead common to
fuselage skin, including the S–23 skin
lap splice. Incorrectly installed fasteners
are suspected to exist on airplanes
delivered within a certain time period.
The FAA has confirmed that the
fastener installation procedures were
corrected on airplanes subsequently
delivered. This condition was the result
of incorrect procedures used to install
affected fasteners during airplane
production, which could result in
incorrectly installed fasteners going
undetected. Continuous operation of the
airplane with incorrectly installed
fasteners may generate fatigue cracking
that could adversely affect the structural
integrity of the airplane. Gaps under
fastener heads will result in bending
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FAA’s Determination
The FAA is issuing this NPRM after
determining that the unsafe condition
described previously is likely to exist or
develop on other products of the same
type design.
Proposed AD Requirements in This
NPRM
This proposed AD would require
accomplishing the actions specified in
the service information already
described except for any differences
identified as exceptions in the
regulatory text of this proposed AD. For
information on the procedures and
compliance times, see this service
information at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2021–
0788.
Costs of Compliance
The FAA estimates that this AD, if
adopted as proposed, would affect 78
airplanes of U.S. registry. The FAA
estimates the following costs to comply
with this proposed AD:
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Federal Register / Vol. 86, No. 195 / Wednesday, October 13, 2021 / Proposed Rules
ESTIMATED COSTS
Action
Labor cost
Inspections ..............................
13 work-hours × $85 per hour = $1,105 ................................
The FAA estimates the following
costs to do any necessary actions that
would be required based on the results
Cost per
product
Parts cost
of the proposed inspection. The agency
has no way of determining the number
$0
Cost on U.S.
operators
$1,105
$86,190
of aircraft that might need these oncondition actions.
ON-CONDITION COSTS
Action
Labor cost
Open hole HFEC inspections ..
HFEC and LFEC inspections ..
21 work-hours × $85 per hour = $85 per inspection cycle ......
36 work-hours × $85 per hour = $3,060 per inspection cycle
The FAA has included all known
costs in its cost estimate. According to
the manufacturer, however, some or all
of the costs of this proposed AD may be
covered under warranty, thereby
reducing the cost impact on affected
operators.
(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.
Authority for This Rulemaking
List of Subjects in 14 CFR Part 39
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.
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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,
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Cost per
product
Parts cost
$0
0
$1,785 per inspection cycle.
3,060 per inspection cycle.
(d) Subject
Air Transport Association (ATA) of
America Code 53, Fuselage.
The Proposed Amendment
(e) Unsafe Condition
This AD was prompted by reports of
incorrectly installed fuselage skin fasteners.
The FAA is issuing this AD to address
incorrectly installed fasteners. This
condition, if not addressed, could result in
incorrectly installed fasteners going
undetected. Continuous operation of the
airplane with undetected incorrectly
installed fasteners may generate fatigue
cracking that could adversely affect the
structural integrity of the airplane.
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
PART 39—AIRWORTHINESS
DIRECTIVES
(g) Required Actions
Except as specified by paragraph (h) of this
AD: At the applicable times specified in the
‘‘Compliance’’ paragraph of Boeing Alert
Requirements Bulletin 737–53A1384 RB,
dated September 10, 2020, do all applicable
actions identified in, and in accordance with,
the Accomplishment Instructions of Boeing
Alert Requirements Bulletin 737–53A1384
RB, dated September 10, 2020.
Note 1 to paragraph (g): Guidance for
accomplishing the actions required by this
AD can be found in Boeing Alert Service
Bulletin 737–53A1384, dated September 10,
2020, which is referred to in Boeing Alert
Requirements Bulletin 737–53A1384 RB,
dated September 10, 2020.
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
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:
■
The Boeing Company: Docket No. FAA–
2021–0788; Project Identifier AD–2021–
489–T.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by November
29, 2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company
Model 737–700, –800, and –900ER series
airplanes, certificated in any category, and
identified in Boeing Alert Requirements
Bulletin 737–53A1384 RB, dated September
10, 2020.
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(h) Exceptions to Service Information
Specifications
(1) Where the ‘‘Effectivity’’ paragraph and
the Condition and Compliance Time columns
of the tables in the ‘‘Compliance’’ paragraph
of Boeing Alert Requirements Bulletin 737–
53A1384 RB, dated September 10, 2020, use
the phrase ‘‘the Original Issue date of
Requirements Bulletin 737–53A1384 RB,’’
this AD requires using ‘‘the effective date of
this AD.’’
(2) Where Boeing Alert Requirements
Bulletin 737–53A1384 RB, dated September
10, 2020, specifies contacting Boeing for
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Federal Register / Vol. 86, No. 195 / Wednesday, October 13, 2021 / Proposed Rules
repair instructions or for alternative
inspections: This AD requires doing the
repair, or doing the alternative inspections
and applicable on-condition actions, using a
method approved in accordance with the
procedures specified in paragraph (i) of this
AD.
(i) 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 (j)(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, FAA, to make
those findings. To be approved, the repair
method, modification deviation, or alteration
deviation must meet the certification basis of
the airplane, and the approval must
specifically refer to this AD.
(j) Related Information
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(1) For more information about this AD,
contact Lu Lu, Aerospace Engineer, Airframe
Section, FAA, Seattle ACO Branch, 2200
South 216th St., Des Moines, WA 98198;
phone and fax: 206–231–3525; email: lu.lu@
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 September 9, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021–22203 Filed 10–12–21; 8:45 am]
BILLING CODE 4910–13–P
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DEPARTMENT OF TRANSPORTATION
56843
FOR FURTHER INFORMATION CONTACT:
[Docket No. FAA–2021–0804; Airspace
Docket No. 20–AWP–56]
Matthew Van Der Wal, Federal Aviation
Administration, Western Service Center,
Operations Support Group, 2200 S
216th Street, Des Moines, WA 98198;
telephone (206) 231–3695.
SUPPLEMENTARY INFORMATION:
RIN 2120–AA66
Authority for This Rulemaking
Proposed Modification of Class D and
Class E Airspace; China Lake NAWS
(Armitage Field) Airport, CA
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 would
modify the Class D and Class E airspace
at China Lake NAWS (Armitage Field)
Airport, China Lake, CA, to support IFR
operations at the airport.
Federal Aviation Administration
14 CFR Part 71
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
This action proposes to
modify the Class D airspace at China
Lake NAWS (Armitage Field) Airport,
China Lake, CA. This action also
proposes to modify the Class E airspace
extending upward from 700 feet above
the surface. Additionally, this action
proposes to remove the China Lake
(Navy) TACAN from the Class E5 text
header and airspace description. Lastly,
this action proposes numerous
administrative updates to the Class D
and Class E5 text headers and the Class
D airspace description. This action
would ensure the safety and
management of instrument flight rules
(IFR) operations at the airport.
DATES: Comments must be received on
or before November 29, 2021.
ADDRESSES: Send comments on this
proposal to the U.S. Department of
Transportation, Docket Operations, 1200
New Jersey Avenue SE, West Building
Ground Floor, Room W12–140,
Washington, DC 20590; telephone: 1–
800–647–5527, or (202) 366–9826. You
must identify FAA Docket No. FAA–
2021–0804; Airspace Docket No. 20–
AWP–56, at the beginning of your
comments. You may also submit
comments through the internet at
https://www.regulations.gov.
FAA Order JO 7400.11F, 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 JO 7400.11F at NARA, email
fr.inspection@nara.gov or go to https://
www.archives.gov/federal-register/cfr/
ibr-locations.html.
SUMMARY:
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Comments Invited
Interested parties are invited to
participate in this proposed rulemaking
by submitting such written data, views,
or arguments, as they may desire.
Comments that provide the factual basis
supporting the views and suggestions
presented are particularly helpful in
developing reasoned regulatory
decisions on the proposal. Comments
are specifically invited on the overall
regulatory, aeronautical, economic,
environmental, and energy-related
aspects of the proposal.
Communications should identify both
docket numbers and be submitted in
triplicate to the address listed above.
Persons wishing the FAA to
acknowledge receipt of their comments
on this notice must submit with those
comments a self-addressed, stamped
postcard on which the following
statement is made: ‘‘Comments to
Docket No. FAA–2021–0804; Airspace
Docket No. 20–AWP–56’’. The postcard
will be date/time stamped and returned
to the commenter.
All communications received before
the specified closing date for comments
will be considered before taking action
on the proposed rule. The proposal
contained in this notice may be changed
in light of the comments received. A
report summarizing each substantive
public contact with FAA personnel
concerned with this rulemaking will be
filed in the docket.
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]]>Agencies
[Federal Register Volume 86, Number 195 (Wednesday, October 13, 2021)]
[Proposed Rules]
[Pages 56840-56843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22203]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0788; Project Identifier AD-2021-00489-T]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain The Boeing Company Model 737-700, -800, and -900ER series
airplanes. This proposed AD was prompted by reports of incorrectly
installed fuselage skin fasteners. This proposed AD would require a
detailed inspection of a certain body station bulkhead, between certain
stringers, for any incorrectly installed fastener common to fuselage
skin, and applicable on-condition actions. 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 November
29, 2021.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
[[Page 56841]]
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this NPRM, contact Boeing
Commercial Airplanes, Attention: Contractual & Data Services (C&DS),
2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600;
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. It is also available at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0788.
Examining the AD Docket
You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0788; 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: Lu Lu, Aerospace Engineer, Airframe
Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA
98198; phone and fax: 206-231-3525; 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-2021-0788; Project Identifier
AD-2021-00489-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
this 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 NPRM.
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 Lu
Lu, Aerospace Engineer, Airframe Section, FAA, Seattle ACO Branch, 2200
South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3525;
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.
Background
The FAA has received a report indicating incorrectly installed
fasteners were found at the station (STA) 727 bulkhead between
stringers S-22 and S-27. The fasteners, installed with a gap under the
fastener head, were found at the STA 727 bulkhead common to fuselage
skin, including the S-23 skin lap splice. Incorrectly installed
fasteners are suspected to exist on airplanes delivered within a
certain time period. The FAA has confirmed that the fastener
installation procedures were corrected on airplanes subsequently
delivered. This condition was the result of incorrect procedures used
to install affected fasteners during airplane production, which could
result in incorrectly installed fasteners going undetected. Continuous
operation of the airplane with incorrectly installed fasteners may
generate fatigue cracking that could adversely affect the structural
integrity of the airplane. Gaps under fastener heads will result in
bending loads on the bulkhead chord that could cause chord failure and
adjacent skin failure, resulting in reduced control of the airplane.
FAA's Determination
The FAA is issuing this NPRM after determining that the unsafe
condition described previously is likely to exist or develop on other
products of the same type design.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Boeing Alert Requirements Bulletin 737-53A1384 RB,
dated September 10, 2020. This service information specifies procedures
for a detailed inspection for incorrectly installed fasteners at the
STA 727 bulkhead outer chord common to the fuselage skin between
stringers S-22 and S-27 on the left and right sides, and applicable on-
condition actions. In addition to repair and replacement, on-condition
actions include repetitive inspections for cracking of the fuselage
skin between stringers S-22 and S-27; an open hole high frequency eddy
current (HFEC) inspection for cracking at all incorrectly installed
fastener locations; and external and internal general visual
inspections for repairs of the STA 727 bulkhead. On-condition actions
also include repetitive HFEC and low frequency eddy current (LFEC)
inspections in unrepaired areas for cracking of the inner skin from the
wheel well; of the outer, upper, and lower chords from the wheel well;
and of the fail-safe chord from the cargo compartment.
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.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in the service information already described except for any differences
identified as exceptions in the regulatory text of this proposed AD.
For information on the procedures and compliance times, see this
service information at https://www.regulations.gov by searching for and
locating Docket No. FAA-2021-0788.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 78 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
[[Page 56842]]
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
Inspections........................ 13 work-hours x $85 per $0 $1,105 $86,190
hour = $1,105.
----------------------------------------------------------------------------------------------------------------
The FAA estimates the following costs to do any necessary actions
that would be required based on the results of the proposed inspection.
The agency has no way of determining the number of aircraft that might
need these on-condition actions.
On-Condition Costs
----------------------------------------------------------------------------------------------------------------
Action Labor cost Parts cost Cost per product
----------------------------------------------------------------------------------------------------------------
Open hole HFEC inspections............ 21 work-hours x $85 per hour = $0 $1,785 per inspection
$85 per inspection cycle. cycle.
HFEC and LFEC inspections............. 36 work-hours x $85 per hour = 0 3,060 per inspection
$3,060 per inspection cycle. cycle.
----------------------------------------------------------------------------------------------------------------
The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this proposed AD may be covered under warranty, thereby reducing the
cost impact on affected operators.
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.
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-2021-0788; Project Identifier AD-
2021-489-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by November 29, 2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company Model 737-700, -800, and -
900ER series airplanes, certificated in any category, and identified
in Boeing Alert Requirements Bulletin 737-53A1384 RB, dated
September 10, 2020.
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by reports of incorrectly installed
fuselage skin fasteners. The FAA is issuing this AD to address
incorrectly installed fasteners. This condition, if not addressed,
could result in incorrectly installed fasteners going undetected.
Continuous operation of the airplane with undetected incorrectly
installed fasteners may generate fatigue cracking that could
adversely affect the structural integrity of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
Except as specified by paragraph (h) of this AD: At the
applicable times specified in the ``Compliance'' paragraph of Boeing
Alert Requirements Bulletin 737-53A1384 RB, dated September 10,
2020, do all applicable actions identified in, and in accordance
with, the Accomplishment Instructions of Boeing Alert Requirements
Bulletin 737-53A1384 RB, dated September 10, 2020.
Note 1 to paragraph (g): Guidance for accomplishing the actions
required by this AD can be found in Boeing Alert Service Bulletin
737-53A1384, dated September 10, 2020, which is referred to in
Boeing Alert Requirements Bulletin 737-53A1384 RB, dated September
10, 2020.
(h) Exceptions to Service Information Specifications
(1) Where the ``Effectivity'' paragraph and the Condition and
Compliance Time columns of the tables in the ``Compliance''
paragraph of Boeing Alert Requirements Bulletin 737-53A1384 RB,
dated September 10, 2020, use the phrase ``the Original Issue date
of Requirements Bulletin 737-53A1384 RB,'' this AD requires using
``the effective date of this AD.''
(2) Where Boeing Alert Requirements Bulletin 737-53A1384 RB,
dated September 10, 2020, specifies contacting Boeing for
[[Page 56843]]
repair instructions or for alternative inspections: This AD requires
doing the repair, or doing the alternative inspections and
applicable on-condition actions, using a method approved in
accordance with the procedures specified in paragraph (i) of this
AD.
(i) 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 (j)(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, FAA, to make those findings. To be approved, the repair
method, modification deviation, or alteration deviation must meet
the certification basis of the airplane, and the approval must
specifically refer to this AD.
(j) Related Information
(1) For more information about this AD, contact Lu Lu, Aerospace
Engineer, Airframe Section, FAA, Seattle ACO Branch, 2200 South
216th St., Des Moines, WA 98198; phone and fax: 206-231-3525; 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 September 9, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-22203 Filed 10-12-21; 8:45 am]
BILLING CODE 4910-13-P
