Airworthiness Directives; The Boeing Company Airplanes, 3946-3949 [2022-01408]
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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.
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(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,
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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://
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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:
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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:
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Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. Send
your comments to an address listed
under ADDRESSES. Include ‘‘Docket No.
FAA–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
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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
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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:
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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 ...........
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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
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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.
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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
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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.
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(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.
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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:
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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
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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).
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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
