Airworthiness Directives; The Boeing Company Airplanes, 3946-3949 [2022-01408]

Download as PDF 3946 Federal Register / Vol. 87, No. 17 / Wednesday, January 26, 2022 / Proposed Rules (P/N) 332A31–3074–00 or P/N 332A31– 3074–01 installed. (d) Subject Joint Aircraft Service Component (JASC) Code: 6230, Main Rotor Mast/Swashplate. (e) Unsafe Condition This AD was prompted by a crack in a swashplate control rod attachment yoke (yoke). The FAA is issuing this AD to detect and correct a crack in a yoke. The unsafe condition, if not addressed, could result in failure of the yoke, loss of M/R control, and subsequent loss of control of the helicopter. khammond on DSKJM1Z7X2PROD with PROPOSALS (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Required Actions Before further flight, review Appendix 4.A. of Airbus Helicopters Emergency Alert Service Bulletin No. 05A051, Revision 2, dated February 26, 2019 (EASB 05A051) to determine the date of manufacture of the swashplate. (1) If the swashplate has accumulated 12 or more years since the date of manufacture, remove from service the swashplate. (2) If the swashplate has accumulated less than 12 years since the date of manufacture, create a component history card or equivalent record indicating a life limit of 12 years since the date of manufacture. Thereafter, continue to record the life limit of the swashplate on its component history card or equivalent record and remove from service any swashplate before accumulating 12 years since the date of manufacture. (3) For each swashplate that has accumulated less than 7 years since the date of manufacture, within 15 hours time-inservice (TIS) or 7 days, whichever occurs first after the effective date of this AD, and thereafter at intervals not to exceed 15 hours TIS or 7 days, whichever occurs first, until the swashplate accumulates 7 years since the date of manufacture, visually inspect each yoke for a crack, paying particular attention to the areas shown in Details B, C, and D of Figure 1 of EASB 05A05. (i) If no cracks are visually detected, before further flight, perform a dye penetrant inspection of the yoke for a crack. (ii) If there is a crack on a yoke, before further flight, remove from service the swashplate. (4) For each swashplate that has accumulated 7 or more years, but less than 12 years, since the date of manufacture, within 100 hours TIS: (i) Remove the grease from areas (E), (F), (G), (H), (J), and (K) of each yoke as shown in Details B, C, and D of Figure 1 of EASB 05A051. Using a plastic spatula, strip areas (E), (F), (G), (H), (J), and (K) of each yoke as shown in Details B, C, and D of Figure 1 of EASB 05A051. Do not use a metal tool to strip any area of a yoke. (ii) Inspect areas (E), (F), (G), (H), (J) and (K) of each yoke as shown in Details B, C, and D of Figure 1 of EASB 05A051 for corrosion, pitting, and loss of material. (A) If there is any corrosion less than 0.0078 in. (0.2 mm), before further flight, VerDate Sep<11>2014 16:01 Jan 25, 2022 Jkt 256001 remove the corrosion and apply varnish (Vernelec 43022 or equivalent) to the surface of areas (E), (F), (G), (H), (J) and (K). (B) If there is any pitting or loss of material of less than 0.0078 in. (0.2 mm), before further flight, remove the damage by sanding with sandpaper 200/400 or 330. (C) If there is any corrosion, pitting, or loss of material of 0.0078 in. (0.2 mm) or greater, before further flight, remove from service the swashplate. (iii) Visually inspect each yoke for a crack, paying particular attention to the areas shown in Details B, C, and D of Figure 1 of EASB 05A051. (A) If there are no cracks, before further flight, perform a dye penetrant inspection of the yoke for a crack. (B) If there is a crack on a yoke, before further flight, remove from service the swashplate. (h) Credit for Previous Actions If you performed the actions in paragraph (g)(4) of this AD before the effective date of this AD using Airbus Helicopters Emergency Alert Service Bulletin No. 05A051, Revision 1, dated November 16, 2017, you have met the requirements of paragraph (g)(4) of this AD. (i) Alternative Methods of Compliance (AMOCs) (1) The Manager, International Validation Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the International Validation Branch, send it to the attention of the person identified in paragraph (j)(1) of this AD. Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov. (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/ certificate holding district office. (j) Related Information (1) For more information about this AD, contact Hal Jensen, Aerospace Engineer, Operational Safety Branch, Compliance & Airworthiness Division, FAA, 950 L’Enfant Plaza N SW, Washington, DC 20024; phone: (202) 267–9167; email: hal.jensen@faa.gov. (2) For service information identified in this AD, contact Airbus Helicopters, 2701 North Forum Drive, Grand Prairie, TX 75052; phone: (972) 641–0000 or (800) 232–0323; fax (972) 641–3775; or at https:// www.airbus.com/helicopters/services/ technical-support.html. You may view this referenced service information at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N– 321, Fort Worth, TX 76177. For information on the availability of this material at the FAA, call (817) 222–5110. (3) The subject of this AD is addressed in European Union Aviation Safety Agency (EASA) AD 2019–0074, dated March 28, 2019 (EASA AD 2019–0074). You may view the EASA AD on the internet at https:// PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 www.regulations.gov in Docket No. FAA– 2022–0015. Issued on January 20, 2022. Lance T. Gant, Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2022–01440 Filed 1–25–22; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2021–1169; Project Identifier AD–2021–01011–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 737–800 series airplanes. This proposed AD was prompted by the determination that insufficient sealing may allow water to enter the lower lobe electronic equipment (EE) bay through the main deck floor structure at the rigid cargo barrier (RCB), which could cause damage to EE bay line replacement units (LRUs) in the E5 rack. This proposed AD would require detailed inspections for the presence and condition of sealant at certain locations and applicable on-condition actions. This proposed AD would also require replacing the moisture barrier tape at a certain location, replacing the weather seal at a certain location, and installing seat track fillers. 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 March 14, 2022. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments. • Fax: 202–493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. • Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 SUMMARY: E:\FR\FM\26JAP1.SGM 26JAP1 Federal Register / Vol. 87, No. 17 / Wednesday, January 26, 2022 / Proposed Rules 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– 1169. Examining the AD Docket You may examine the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA–2021–1169; 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: Courtney Tuck, Aerospace Engineer, Cabin Safety and Environmental Systems Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206– 231–3986; email: courtney.k.tuck@ faa.gov. SUPPLEMENTARY INFORMATION: khammond on DSKJM1Z7X2PROD with PROPOSALS Comments Invited The FAA invites you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under ADDRESSES. Include ‘‘Docket No. FAA–2021–1169; Project Identifier AD– 2021–01011–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 VerDate Sep<11>2014 16:01 Jan 25, 2022 Jkt 256001 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 Courtney Tuck, Aerospace Engineer, Cabin Safety and Environmental Systems Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206–231–3986; email: courtney.k.tuck@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. Background The FAA has received a report that an aircraft failed to depart when it was not possible to align the inertial reference units (IRUs) during a pre-flight check. Findings from a subsequent investigation by Boeing indicate there is insufficient sealing at the main deck floor structure and the bottom of the RCB, which allows water ingress into the lower lobe EE bay. Boeing indicated there may also be insufficient sealing in the following areas: Floor panel to floor panel, floor panel to seat track joints, and drain trough installation. The lower lobe EE bay houses the LRUs in the E5 rack, which house the air data inertial reference units (ADIRUs) and flight management computers (FMCs). The E5 rack has a moisture shroud and a drip shield, but these provide inadequate protection to the LRUs for this amount of water ingression. Boeing reported that the source of water was found to be water or snow accumulated on cargo and pallets prior to loading, or through an open cargo door during inclement weather. A later report also indicated that the weather seal of the main deck cargo door may have an incorrect PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 3947 orientation, which may allow water to enter the main deck cargo compartment. These conditions, if not addressed, could result in water damage to the ADIRUs and FMCs during flight, leading to a complete loss of data to primary flight displays and electronic navigation functions, which could prevent continued safe flight and landing. 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 737–53A1401 RB, dated April 27, 2021. This service information specifies procedures for detailed inspections of the forward main deck cargo compartment floor to RCB, floor panel joints, drain troughs, seat track splices, and, for some airplanes, the lower lobe E5 rack drain pan shroud for sealant condition and application, and applicable on-condition actions. This service information also specifies procedures for replacing the main deck cargo door weather seal, replacing the moisture barrier tape on the forward main deck cargo compartment floor, and installing seat track fillers in the EE bay. On-condition actions include repair, removing existing sealant, and applying new sealant. 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 and except for any differences identified as exceptions in the regulatory text of this proposed AD. For information on the procedures and compliance times, see this service information at https:// www.regulations.gov by searching for and locating Docket No. FAA–2021– 1169. Costs of Compliance The FAA estimates that this AD, if adopted as proposed, would affect 7 airplanes of U.S. registry. The FAA estimates the following costs to comply with this proposed AD: E:\FR\FM\26JAP1.SGM 26JAP1 3948 Federal Register / Vol. 87, No. 17 / Wednesday, January 26, 2022 / Proposed Rules ESTIMATED COSTS Cost on U.S. operators Action Labor cost Parts cost Cost per product Inspect sealant .................... Remove/reinstall drain trough. Replace weather seal ......... Replace barrier tape ........... Install seat track filler .......... Up to 12 work-hours × $85 per hour = Up to $1,020 ... Up to 15 hours × $85 per hour = Up to $1,275 ............ $0 ................. Negligible ..... Up to $1,020 ......... Up to $1,275 ......... Up to $7,140. Up to $8,925. Up to 7 work-hours × $85 per hour = Up to $595 ........ Up to 20 work-hours × $85 per hour = Up to $1,700 ... Up to 2 work-hours × $85 per hour = Up to $170 ........ $9,680 .......... Negligible ..... Negligible ..... Up to $10,275 ....... Up to $1,700 ......... Up to $170 ............ Up to $71,925. Up to $11,900. Up to $1,190. The FAA estimates the following costs to do any necessary replacements 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 replacements: ON-CONDITION COSTS Action Labor cost Parts cost Install or replace sealant ................ 26 work-hours × $85 per hour = $2,210 ................................................ Negligible ........... khammond on DSKJM1Z7X2PROD with PROPOSALS The FAA has received no definitive data on which to base the cost estimates for the on-condition actions specified in this proposed AD. 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 VerDate Sep<11>2014 16:01 Jan 25, 2022 Jkt 256001 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 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– 2021–1169; Project Identifier AD–2021– 01011–T. (a) Comments Due Date The FAA must receive comments on this airworthiness directive (AD) by March 14, 2022. PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 Cost per product $2,210 (b) Affected ADs None. (c) Applicability This AD applies to The Boeing Company Model 737–800 series airplanes, certificated in any category, as identified in Boeing Alert Requirements Bulletin 737–53A1401 RB, dated April 27, 2021. (d) Subject Air Transport Association (ATA) of America Code 53, Fuselage. (e) Unsafe Condition This AD was prompted by the determination that insufficient sealing may allow water to enter the lower lobe electronic equipment (EE) bay through the main deck floor structure at the rigid cargo barrier, which could cause damage to EE bay line replacement units in the E5 rack. The FAA is issuing this AD to address water ingress in the lower lobe EE bay, which could result in water damage to the air data inertial reference units and flight management computers during flight, leading to a complete loss of data to primary flight displays and electronic navigation functions, which could prevent continued safe flight and landing. (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 737–53A1401 RB, dated April 27, 2021, do all applicable actions identified in, and in accordance with, the Accomplishment Instructions of Boeing Alert Requirements Bulletin 737–53A1401 RB, dated April 27, 2021. Note 1 to paragraph (g): Guidance for accomplishing the actions required by this AD can be found in Boeing Alert Service E:\FR\FM\26JAP1.SGM 26JAP1 Federal Register / Vol. 87, No. 17 / Wednesday, January 26, 2022 / Proposed Rules Bulletin 737–53A1401, dated April 27, 2021, which is referred to in Boeing Alert Requirements Bulletin 737–53A1401 RB, dated April 27, 2021. Issued on December 22, 2021. Lance T. Gant, Director, Compliance & Airworthiness Division, Aircraft Certification Service. (h) Exceptions to Service Information Specifications [FR Doc. 2022–01408 Filed 1–25–22; 8:45 am] BILLING CODE 4910–13–P (1) Where the Compliance Time column of the tables in the ‘‘Compliance’’ paragraph of Boeing Alert Requirements Bulletin 737– 53A1401 RB, dated April 27, 2021, uses the phrase ‘‘the original issue date of Requirements Bulletin 737–53A1401 RB,’’ this AD requires using ‘‘the effective date of this AD.’’ (2) Where Boeing Alert Requirements Bulletin 737–53A1401 RB, dated April 27, 2021, specifies contacting Boeing for repair instructions: This AD requires doing the repair 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. khammond on DSKJM1Z7X2PROD with PROPOSALS (j) Related Information (1) For more information about this AD, contact Courtney Tuck, Aerospace Engineer, Cabin Safety and Environmental Systems Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206–231–3986; email: courtney.k.tuck@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. VerDate Sep<11>2014 16:01 Jan 25, 2022 Jkt 256001 DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 170 [Docket No. FDA–2021–N–0403] RIN 0910–AI01 Food Additives: Food Contact Substance Notification That Is No Longer Effective AGENCY: Food and Drug Administration, HHS. ACTION: Proposed rule. The Food and Drug Administration (FDA or we) is proposing to amend its regulations relating to the procedures by which we determine that a premarket notification for a food contact substance (FCN) is no longer effective. The proposed rule, if finalized, would, among other things, ensure that manufacturers or suppliers have the opportunity to provide input before we could determine that an FCN is no longer effective. The proposed rule also would provide additional reasons that could be the basis for FDA to determine that an FCN is no longer effective. We are proposing these changes to better enable FDA to respond to new information on the safety and use of food contact substances, as well as manufacturers’ business decisions, which would also improve our FCN program’s efficiency. DATES: Submit either electronic or written comments on the proposed rule by April 11, 2022. Submit written comments (including recommendations) on the collection of information under the Paperwork Reduction Act of 1995 by March 28, 2022. ADDRESSES: You may submit comments as follows. Please note that late, untimely filed comments will not be considered. Electronic comments must be submitted on or before April 11, 2022. The https://www.regulations.gov electronic filing system will accept comments until 11:59 p.m. Eastern Time at the end of April 11, 2022. Comments received by mail/hand delivery/courier (for written/paper submissions) will be considered timely if they are postmarked or the delivery service SUMMARY: PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 3949 acceptance receipt is on or before that date. Electronic Submissions Submit electronic comments in the following way: • Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments. Comments submitted electronically, including attachments, to https:// www.regulations.gov will be posted to the docket unchanged. Because your comment will be made public, you are solely responsible for ensuring that your comment does not include any confidential information that you or a third party may not wish to be posted, such as medical information, your or anyone else’s Social Security number, or confidential business information, such as a manufacturing process. Please note that if you include your name, contact information, or other information that identifies you in the body of your comments, that information will be posted on https://www.regulations.gov. • If you want to submit a comment with confidential information that you do not wish to be made available to the public submit the comment as a written/ paper submission and in the manner detailed (see ‘‘Written/Paper Submissions’’ and ‘‘Instructions’’). Written/Paper Submissions Submit written/paper submissions as follows: • Mail/Hand delivery/Courier (for written/paper submissions): Dockets Management Staff (HFA–305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. • For written/paper comments submitted to the Dockets Management Staff, FDA will post your comment, as well as any attachments, except for information submitted, marked and identified, as confidential, if submitted as detailed in ‘‘Instructions.’’ Instructions: All submissions received must include the Docket No. FDA– 2021–N–0403 for ‘‘Food Additives: Food Contact Substance Notification That Is No Longer Effective.’’ Received comments, those filed in a timely manner (see ADDRESSES), will be placed in the docket and, except for those submitted as ‘‘Confidential Submissions,’’ publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through Friday, 240–402–7500. • Confidential Submissions—To submit a comment with confidential information that you do not wish to be made publicly available submit your comments only as a written/paper E:\FR\FM\26JAP1.SGM 26JAP1

Agencies

[Federal Register Volume 87, Number 17 (Wednesday, January 26, 2022)]
[Proposed Rules]
[Pages 3946-3949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01408]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-1169; Project Identifier AD-2021-01011-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 737-800 series airplanes. This 
proposed AD was prompted by the determination that insufficient sealing 
may allow water to enter the lower lobe electronic equipment (EE) bay 
through the main deck floor structure at the rigid cargo barrier (RCB), 
which could cause damage to EE bay line replacement units (LRUs) in the 
E5 rack. This proposed AD would require detailed inspections for the 
presence and condition of sealant at certain locations and applicable 
on-condition actions. This proposed AD would also require replacing the 
moisture barrier tape at a certain location, replacing the weather seal 
at a certain location, and installing seat track fillers. 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 March 14, 
2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5

[[Page 3947]]

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-
1169.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-1169; 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: Courtney Tuck, Aerospace Engineer, 
Cabin Safety and Environmental Systems Section, FAA, Seattle ACO 
Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-
231-3986; 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-2021-1169; Project Identifier 
AD-2021-01011-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 
Courtney Tuck, Aerospace Engineer, Cabin Safety and Environmental 
Systems Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des 
Moines, WA 98198; phone and fax: 206-231-3986; 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 that an aircraft failed to depart 
when it was not possible to align the inertial reference units (IRUs) 
during a pre-flight check. Findings from a subsequent investigation by 
Boeing indicate there is insufficient sealing at the main deck floor 
structure and the bottom of the RCB, which allows water ingress into 
the lower lobe EE bay. Boeing indicated there may also be insufficient 
sealing in the following areas: Floor panel to floor panel, floor panel 
to seat track joints, and drain trough installation. The lower lobe EE 
bay houses the LRUs in the E5 rack, which house the air data inertial 
reference units (ADIRUs) and flight management computers (FMCs). The E5 
rack has a moisture shroud and a drip shield, but these provide 
inadequate protection to the LRUs for this amount of water ingression. 
Boeing reported that the source of water was found to be water or snow 
accumulated on cargo and pallets prior to loading, or through an open 
cargo door during inclement weather. A later report also indicated that 
the weather seal of the main deck cargo door may have an incorrect 
orientation, which may allow water to enter the main deck cargo 
compartment. These conditions, if not addressed, could result in water 
damage to the ADIRUs and FMCs during flight, leading to a complete loss 
of data to primary flight displays and electronic navigation functions, 
which could prevent continued safe flight and landing.

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 737-53A1401 RB, 
dated April 27, 2021. This service information specifies procedures for 
detailed inspections of the forward main deck cargo compartment floor 
to RCB, floor panel joints, drain troughs, seat track splices, and, for 
some airplanes, the lower lobe E5 rack drain pan shroud for sealant 
condition and application, and applicable on-condition actions. This 
service information also specifies procedures for replacing the main 
deck cargo door weather seal, replacing the moisture barrier tape on 
the forward main deck cargo compartment floor, and installing seat 
track fillers in the EE bay. On-condition actions include repair, 
removing existing sealant, and applying new sealant. 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 and except for any 
differences identified as exceptions in the regulatory text of this 
proposed AD. For information on the procedures and compliance times, 
see this service information at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-1169.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 7 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

[[Page 3948]]



                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
               Action                         Labor cost                Parts cost               Cost per product             Cost on U.S. operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspect sealant....................  Up to 12 work-hours x $85    $0....................  Up to $1,020..................  Up to $7,140.
                                      per hour = Up to $1,020.
Remove/reinstall drain trough......  Up to 15 hours x $85 per     Negligible............  Up to $1,275..................  Up to $8,925.
                                      hour = Up to $1,275.
Replace weather seal...............  Up to 7 work-hours x $85     $9,680................  Up to $10,275.................  Up to $71,925.
                                      per hour = Up to $595.
Replace barrier tape...............  Up to 20 work-hours x $85    Negligible............  Up to $1,700..................  Up to $11,900.
                                      per hour = Up to $1,700.
Install seat track filler..........  Up to 2 work-hours x $85     Negligible............  Up to $170....................  Up to $1,190.
                                      per hour = Up to $170.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary 
replacements 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 replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                Action                            Labor cost                   Parts cost             product
----------------------------------------------------------------------------------------------------------------
Install or replace sealant............  26 work-hours x $85 per hour =  Negligible..............          $2,210
                                         $2,210.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition actions specified in this proposed AD.
    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-2021-1169; Project Identifier AD-
2021-01011-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by March 14, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 737-800 series 
airplanes, certificated in any category, as identified in Boeing 
Alert Requirements Bulletin 737-53A1401 RB, dated April 27, 2021.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by the determination that insufficient 
sealing may allow water to enter the lower lobe electronic equipment 
(EE) bay through the main deck floor structure at the rigid cargo 
barrier, which could cause damage to EE bay line replacement units 
in the E5 rack. The FAA is issuing this AD to address water ingress 
in the lower lobe EE bay, which could result in water damage to the 
air data inertial reference units and flight management computers 
during flight, leading to a complete loss of data to primary flight 
displays and electronic navigation functions, which could prevent 
continued safe flight and landing.

(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 737-53A1401 RB, dated April 27, 2021, do 
all applicable actions identified in, and in accordance with, the 
Accomplishment Instructions of Boeing Alert Requirements Bulletin 
737-53A1401 RB, dated April 27, 2021.
    Note 1 to paragraph (g): Guidance for accomplishing the actions 
required by this AD can be found in Boeing Alert Service

[[Page 3949]]

Bulletin 737-53A1401, dated April 27, 2021, which is referred to in 
Boeing Alert Requirements Bulletin 737-53A1401 RB, dated April 27, 
2021.

(h) Exceptions to Service Information Specifications

    (1) Where the Compliance Time column of the tables in the 
``Compliance'' paragraph of Boeing Alert Requirements Bulletin 737-
53A1401 RB, dated April 27, 2021, uses the phrase ``the original 
issue date of Requirements Bulletin 737-53A1401 RB,'' this AD 
requires using ``the effective date of this AD.''
    (2) Where Boeing Alert Requirements Bulletin 737-53A1401 RB, 
dated April 27, 2021, specifies contacting Boeing for repair 
instructions: This AD requires doing the repair 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 Courtney Tuck, 
Aerospace Engineer, Cabin Safety and Environmental Systems Section, 
FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; 
phone and fax: 206-231-3986; 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 December 22, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-01408 Filed 1-25-22; 8:45 am]
BILLING CODE 4910-13-P