Airworthiness Directives; The Boeing Company Airplanes, 4140-4145 [2022-01568]
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Federal Register / Vol. 87, No. 18 / Thursday, January 27, 2022 / Rules and Regulations
D&R.205 Instructions for Continued
Airworthiness
The applicant must prepare ICA for
the UA in accordance with Appendix A
to Part 23, as appropriate, that are
acceptable to the FAA. The ICA may be
incomplete at type certification if a
program exists to ensure their
completion prior to delivery of the first
UA or issuance of a standard
airworthiness certificate, whichever
occurs later.
Testing
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D&R.300
Durability and Reliability
The UA must be designed to be
durable and reliable when operated
under the limitations prescribed for its
operating environment, as documented
in its CONOPS and included as
operating limitations on the type
certificate data sheet and in the UA
Flight Manual. The durability and
reliability must be demonstrated by
flight test in accordance with the
requirements of this section and
completed with no failures that result in
a loss of flight, loss of control, loss of
containment, or emergency landing
outside the operator’s recovery area.
(a) Once a UA has begun testing to
show compliance with this section, all
flights for that UA must be included in
the flight test report.
(b) Tests must include an evaluation
of the entire flight envelope across all
phases of operation and must address, at
a minimum, the following:
(1) Flight distances;
(2) Flight durations;
(3) Route complexity;
(4) Weight;
(5) Center of gravity;
(6) Density altitude;
(7) Outside air temperature;
(8) Airspeed;
(9) Wind;
(10) Weather;
(11) Operation at night, if requested;
(12) Energy storage system capacity;
and
(13) Aircraft to pilot ratio.
(c) Tests must include the most
adverse combinations of the conditions
and configurations in paragraph (b) of
this section.
(d) Tests must show a distribution of
the different flight profiles and routes
representative of the type of operations
identified in the CONOPS.
(e) Tests must be conducted in
conditions consistent with the expected
environmental conditions identified in
the CONOPS, including electromagnetic
interference (EMI) and high intensity
radiated fields (HIRF).
(f) Tests must not require exceptional
piloting skill or alertness.
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(g) Any UAS used for testing must be
subject to the same worst-case ground
handling, shipping, and transportation
loads as those allowed in service.
(h) Any UA used for testing must use
AE that meet, but do not exceed, the
minimum specifications identified
under D&R.105. If multiple AE are
identified, the applicant must
demonstrate each configuration.
(i) Any UAS used for testing must be
maintained and operated in accordance
with the ICA and UA Flight Manual. No
maintenance beyond the intervals
established in the ICA will be allowed
to show compliance with this section.
(j) If cargo operations or external-load
operations are requested, tests must
show, throughout the flight envelope
and with the cargo or external-load at
the most critical combinations of weight
and center of gravity, that—
(1) The UA is safely controllable and
maneuverable; and
(2) The cargo or external-load are
retainable and transportable.
D&R.305
Probable Failures
The UA must be designed such that
a probable failure will not result in a
loss of containment or control of the
UA. This must be demonstrated by test.
(a) Probable failures related to the
following equipment, at a minimum,
must be addressed:
(1) Propulsion systems;
(2) C2 link;
(3) Global Positioning System (GPS);
(4) Flight control components with a
single point of failure;
(5) Control station; and
(6) Any other AE identified by the
applicant.
(b) Any UA used for testing must be
operated in accordance with the UA
Flight Manual.
(c) Each test must occur at the critical
phase and mode of flight, and at the
highest aircraft-to-pilot ratio.
D&R.310
Capabilities and Functions
(a) All of the following required UAS
capabilities and functions must be
demonstrated by test:
(1) Capability to regain command and
control of the UA after the C2 link has
been lost.
(2) Capability of the electrical system
to power all UA systems and payloads.
(3) Ability for the pilot to safely
discontinue the flight.
(4) Ability for the pilot to dynamically
re-route the UA.
(5) Ability to safely abort a takeoff.
(6) Ability to safely abort a landing
and initiate a go-around.
(b) The following UAS capabilities
and functions, if requested for approval,
must be demonstrated by test:
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(1) Continued flight after degradation
of the propulsion system.
(2) Geo-fencing that contains the UA
within a designated area, in all
operating conditions.
(3) Positive transfer of the UA
between control stations that ensures
only one control station can control the
UA at a time.
(4) Capability to release an external
cargo load to prevent loss of control of
the UA.
(5) Capability to detect and avoid
other aircraft and obstacles.
(c) The UA must be designed to
safeguard against inadvertent
discontinuation of the flight and
inadvertent release of cargo or external
load.
D&R.315 Fatigue
The structure of the UA must be
shown to withstand the repeated loads
expected during its service life without
failure. A life limit for the airframe must
be established, demonstrated by test,
and included in the ICA.
D&R.320 Verification of Limits
The performance, maneuverability,
stability, and control of the UA within
the flight envelope described in the UA
Flight Manual must be demonstrated at
a minimum of 5% over maximum gross
weight with no loss of control or loss of
flight.
Issued in Washington, DC, on January 21,
2022.
Ian Lucas,
Manager, Policy Implementation Section,
Policy and Innovation Division, Aircraft
Certification Service.
[FR Doc. 2022–01556 Filed 1–26–22; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2021–0331; Project
Identifier AD–2020–01703–T; Amendment
39–21887; AD 2021–26–28]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for all The
Boeing Company Model 757 airplanes.
This AD was prompted by significant
changes, including new or more
restrictive requirements, made to the
SUMMARY:
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airworthiness limitations (AWLs)
related to fuel tank ignition prevention
and the nitrogen generation system.
This AD requires revising the existing
maintenance or inspection program, as
applicable, to incorporate new or more
restrictive airworthiness limitations.
The FAA is issuing this AD to address
the unsafe condition on these products.
DATES: This AD is effective March 3,
2022.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of March 3, 2022.
ADDRESSES: For service information
identified in this final rule, contact
Boeing Commercial Airplanes,
Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC
110–SK57, Seal Beach, CA 90740–5600;
telephone 562–797–1717; internet
https://www.myboeingfleet.com. You
may view this service information at the
FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
It is also available at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2021–
0331.
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Examining the AD Docket
You may examine the AD docket at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2021–0331; or in person at Docket
Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. The AD docket contains this
final rule, any comments received, and
other information. The address for
Docket Operations is U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT:
Samuel Lee, Aerospace Engineer,
Propulsion Section, FAA, Los Angeles
ACO Branch, 3960 Paramount Blvd.,
Lakewood, CA 90712–4102; phone:
562–627–5262; email: samuel.lee@
faa.gov.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to all The Boeing Company Model
757 airplanes. The NPRM published in
the Federal Register on May 10, 2021
(86 FR 24786). The NPRM was
prompted by significant changes,
including new or more restrictive
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requirements, made to the AWLs related
to fuel tank ignition prevention and the
nitrogen generation system. In the
NPRM, the FAA proposed to require
revising the existing maintenance or
inspection program, as applicable, to
incorporate new or more restrictive
airworthiness limitations. The FAA is
issuing this AD to address ignition
sources inside the fuel tanks and the
increased flammability exposure of the
center fuel tank caused by latent
failures, alterations, repairs, or
maintenance actions, which could result
in a fuel tank explosion and consequent
loss of an airplane.
Revised Service Information Since the
NPRM Was Issued
Since the NPRM was issued, the FAA
has reviewed Boeing 757 Maintenance
Planning Data (MPD) Document, Section
9, Airworthiness Limitations (AWLs)
and Certification Maintenance
Requirements (CMRs), D622N001–9,
dated September 2020. The revised
service information adds a section that
references any Boeing service bulletin
modifications that include
supplemental structural inspections.
This service information revision does
not affect the technical content of this
AD. The FAA has revised this final rule
to require the September 2020 version of
the service information.
Discussion of Final Airworthiness
Directive
Comments
The FAA received comments from
The Air Line Pilots Association,
International (ALPA), Boeing, and
United Airlines who supported the
NPRM without change.
The FAA received additional
comments from three commenters,
including Aviation Partners Boeing
(APB), Delta Airlines (DAL), and VT
Mobile Aerospace Engineering (VT
MAE), Inc. The following presents the
comments received on the NPRM and
the FAA’s response to each comment.
Effect of Winglets on Accomplishment
of the Proposed Actions
Aviation Partners Boeing stated that
the installation of winglets per
Supplemental Type Certificate (STC)
STC ST01518SE does not affect the
accomplishment of the manufacturer’s
service instructions.
The FAA agrees with the commenter
that STC ST01518SE does not affect the
accomplishment of the manufacturer’s
service instructions. Therefore, the
installation of STC ST01518SE does not
affect the ability to accomplish the
actions required by this AD. The FAA
has not changed this AD in this regard.
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Request To Use Certain Documents
Associated With a Certain STC
VT MAE proposed that certain
maintenance planning documents
associated with VT MAE STCs be
included in the NPRM. VT MAE stated
that certain maintenance documents
associated with VT MAE STCs
supersede AWL No. 28–AWL–01 of
Boeing 757 Maintenance Planning Data
(MPD) Document, Section 9,
Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements
(CMRs), D622N001–9, dated March
2020.
The FAA disagrees with the
commenter’s request. A maintenance
document associated with an STC
cannot replace an AWL task established
by the type design holder of the aircraft.
Furthermore, the maintenance
documents referred to by VT MAE and
associated with VT MAE STCs are
unrelated to the unsafe condition
addressed by this AD. If any safety issue
associated with VT MAE STCs is
reported to the FAA, the FAA may
consider a separate AD action to
mandate necessary information. The
FAA has not changed this AD in this
regard.
Request To Clarify Compliance for a
Certain STC
DAL requested clarification on how
an operator would comply with AWL
No. 28–AWL–19 for airplanes that have
incorporated TDG Aerospace STC
ST01950LA, which installs the
universal fault interrupter (UFI) in place
of the Boeing ground fault interrupter
(GFI) that is referenced in AWL No. 28–
AWL–19.
The FAA provides the following
clarification. AWL No. 28–AWL–19
specifies the actions that are required
before the fuel pump circuit breakers or
the GFIs are reset. If the TDG Aerospace
UFI is installed in place of the GFI, the
actions associated with the GFI as
specified in AWL No. 28–AWL–19 are
no longer applicable, but the actions
associated with the fuel pump circuit
breakers in AWL No. 28–AWL–19 are
still applicable. The FAA has not
changed this AD in this regard.
Request To Clarify the Revision Level
for Certain Service Information
DAL requested clarification of the
Boeing service bulletins associated with
certain AWLs specified by the proposed
AD. DAL stated that the Boeing service
bulletins are identified without a
revision level in the applicability
column for the AWLs and that the
revision level should be identified. DAL
commented that clarification of the
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revision level would ensure that
operators have the correct information
for each AWL.
The FAA disagrees with the request.
The FAA has previously issued ADs for
Model 757 airplanes requiring
accomplishment of the service bulletins
referenced in the AWLs associated with
Air Transport Association (ATA)
Chapter 28. Those ADs specify the
revision level of the required service
bulletins. If the revision level of a
service bulletin is specified in an AWL,
it may be possible to have a situation
where the revision levels of the service
bulletin specified in an AWL and an AD
are inconsistent. This could occur when
an AD has a provision to allow
accomplishment of an earlier revision
level of the service bulletin within a
certain time period, or when an AD is
superseded to mandate a later revision
of a service bulletin that was previously
required. Such a situation would cause
confusion and possibly require a change
to an AWL and issuance of a new AD
to require an updated AWL. Therefore,
the FAA has determined that it would
be more effective to not specify the
revision level of the referenced service
bulletins in the AWLs, so that any
conflict regarding the revision level of a
service bulletin would not occur
between an AWL and an AD that
mandated the service bulletin.
As for the AWLs associated with ATA
Chapter 47, the operating rules, such as
14 CFR 121.1117(d), 125.509(d) and
129.117(d), require operators to install
an FAA-approved flammability
reduction means (Boeing Nitrogen
Generation System (NGS)). In addition,
the operating rules, such as 14 CFR
121.1117(g), 125.509(g), and 129.117(g),
require operators to revise the
maintenance or inspection program to
include applicable airworthiness
limitations. The AWLs associated with
ATA Chapter 47 and the service
bulletins referenced in these AWLs were
developed when these operating rules
were promulgated. The service bulletins
and the AWLs for NGS were approved
for compliance with applicable 14 CFR
part 25 regulations during certification
of the Boeing NGS. Since development
of the Boeing NGS service bulletins, the
FAA has not received any reports that
would raise concern for accomplishing
a specific revision level of a service
bulletin associated with those operating
rules. The FAA has not changed this
final rule in this regard.
Request To Not Mandate a Certain
AWL in the Proposed AD
DAL requested that incorporation of
AWL No. 47–AWL–06 in Boeing 757
Maintenance Planning Data (MPD)
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Document, Section 9, Airworthiness
Limitations (AWLs) and Certification
Maintenance Requirements (CMRs),
D622N001–9, dated March 2020, not be
required in the proposed AD until
specific service instructions are
identified and compliance times are
adequately defined. DAL stated that
certain language in AWL No. 47–AWL–
06 requires either that operators
implement these FAA-approved design
changes or that operators implement
other design changes or operational
procedural changes approved by the
FAA Oversight Office within the
compliance time stated in the service
instructions. DAL commented that this
language essentially forces operators to
show compliance for a document that
does not yet exist.
DAL also commented that if Boeing
publishes service instructions that are
FAA approved, then the CDCCL in its
current state strips the operator’s ability
to comment on the service instructions
before the service instructions become
law.
The FAA disagrees with the request to
not mandate the incorporation of AWL
No. 47–AWL–06. This specific CDCCL
was determined to be necessary during
the certification of the NGS as discussed
in FAA Equivalent Level of Safety
Finding for the Fuel Tank Flammability
Rule (FTFR) on Boeing Company
Models 737 Classic, 737NG, 747–400,
747–8, 757, 767, 777 and 787 Series
Airplanes, Memo No. PS05–0177–P–2,
dated November 20, 2015 (ELOS
memorandum).1 The fuel tank
flammability analysis conducted by
Boeing for the NGS certification was
based on airplane descent rates that
were slower than the rates defined in
Reduction of Fuel Tank Flammability in
Transport Category Airplanes (73 FR
42444, July 21, 2008), the FTFR rule.
The data provided by Boeing showed
that when the airplane descent rate
defined in the rule was used, the
flammability levels would exceed the
limits required by the FTFR rule. Boeing
proposed to use descent rates slower
than the rates defined in the FTFR rule
and provided supportive data based on
operation of the transport fleet. Under
the ELOS memorandum, Boeing is
required to monitor U.S. fleet descent
rates and to develop service instructions
if the fleet average flammability
exposure approaches the limits required
by the FTFR rule due to an increase in
the descent rates. These requirements
for Boeing and the conditions specified
in the CDCCL, which include the
requirement for operators to incorporate
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Window/dba562e3-218f-423a-b24e-a1e77ded8e0a.
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service instructions, were determined to
be compensating design features or
alternative standards to justify the ELOS
finding.
Furthermore, incorporation of the
AWLs associated with ATA Chapter 47
required for Model 757 airplanes is
required by operating rules such as 14
CFR 121.1117(g), 125.509(g), and
129.117(g). Therefore, an earlier version
of AWL No. 47–AWL–06 with
essentially the same content as the
version of AWL No. 47–AWL–06 that is
mandated by this AD should already
exist in operator’s maintenance or
inspection program, as applicable. This
AD requires incorporation of AWL No.
47–AWL–06 in Boeing 757 Maintenance
Planning Data (MPD) Document, Section
9, Airworthiness Limitations (AWLs)
and Certification Maintenance
Requirements (CMRs), D622N001–9,
dated September 2020. Even if the
requirement to incorporate AWL No.
47–AWL–06 is removed from this AD as
proposed by the commenter, operators
still must comply with the same
requirements of AWL No. 47–AWL–06
that already exist in their maintenance
or inspection program, as applicable.
The FAA has not changed this final rule
in this regard.
Request for Clarification for
Incorporating Section E of the Service
Information
DAL requested clarification of the
requirements for paragraph (g) of the
proposed AD. DAL stated that paragraph
(g) of the proposed AD would require
incorporating the information in Section
E, including Subsections E.1 and E.3, of
Boeing 757 Maintenance Planning Data
(MPD) Document, Section 9,
Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements
(CMRs), D622N001–9, dated March
2020. DAL stated that Section E
contains subsections E.1, E.2, E.3, and
E.4, so it is unclear why Subsections E.1
and E.3 are specifically identified,
because it seems redundant. DAL
commented that if only Subsections E.1
and E.3 are required, then those
subsections should be identified
specifically.
The FAA provides the following
clarification. Section E contains
information prior to the beginning of
Subsection E.1, such as ‘‘Introduction’’
and ‘‘Regulatory Agency Approval.’’
The FAA has determined that certain
information, such as the information
provided under the ‘‘Definitions,’’ is
critical to performing the maintenance
required by the AWLs. Paragraph (g) of
this AD requires incorporation of the
information contained in Section E prior
to the beginning of Subsection E.1, as
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well as incorporation of Subsections E.1
and E.3. Incorporation of the
information in Subsections E.2 and E.4
was previously addressed by separate
AD actions or as an alternative methods
of compliance (AMOC). Since then, the
information in Subsections E.2 and E.4
has not been revised to a level that
would affect safety and warrant a new
AD action. Therefore, the FAA has
clarified paragraph (g) of this AD to
specify that incorporation of
Subsections E.2 and E.4 into the existing
maintenance or inspection program, as
applicable, is not required by this AD.
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Request To Remove Certain Service
Information From the AWL
DAL requested removal of Boeing
Service Bulletin 757–47–0005, as
specified in the ‘‘Applicability’’ column
of certain AWLs in Boeing 757
Maintenance Planning Data (MPD)
Document, Section 9, Airworthiness
Limitations (AWLs) and Certification
Maintenance Requirements (CMRs),
D622N001–9, dated March 2020, and in
paragraphs (g)(10) through (12) of the
proposed AD. DAL stated the service
information is not available to operators,
and removal of the service information
in the AWLs would help operators
better understand the scope of the
proposed AD.
The FAA disagrees with the
commenter’s request since Boeing
Service Bulletin 757–47–0005 applies
only to certain operators. The FAA has
confirmed with Boeing that Service
Bulletin 757–47–0005 can be searched
and accessed only by operators who are
affected by that service information. The
FAA has not changed this final rule in
this regard.
Request To Use a Previously Issued
AMOC
Aviation Partners Boeing stated it has
an existing AMOC that corresponds to
AD 2012–12–15, Amendment 39–17095
(77 FR 42964, July 23, 2012) (AD 2012–
12–15), which allows Model 757–300
series airplanes with STC ST01518SE to
install a longer fastener than what is
specified in Item 4 of AWL No. 28–
AWL–18 in Boeing 757 Maintenance
Planning Data (MPD) Document, Section
9, Airworthiness Limitations (AWLs)
and Certification Maintenance
Requirements (CMRs), D622N001–9,
dated March 2020. APB suggested that
paragraph (k) of the proposed AD
include AMOCs approved for AD 2012–
12–15 for the corresponding actions in
paragraphs (j)(1) and (2) of the proposed
AD.
The FAA agrees that the AMOC for
AD 2012–12–15, which was approved
for STC ST01518SE, should be
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addressed. The FAA previously
determined that the installation of an
alternative fastener under STC
ST01518SE would be adequate.
However, the FAA has determined that
it would be more appropriate to specify
the requirements associated with STC
ST01518SE in this AD instead of
accepting a previously approved AMOC.
The FAA has added paragraph (i) in this
AD to address airplanes that have been
modified under STC ST01518SE. In
addition, subsequent paragraphs in this
AD have been redesignated accordingly.
Additional Changes to the AMOC
Paragraph
Since the NPRM was issued, the FAA
has updated paragraph (l) of this AD to
specify the Los Angeles ACO Branch
has the authority to approve AMOCs for
this AD.
Conclusion
The FAA reviewed the relevant data,
considered any comments received, and
determined that air safety requires
adopting this AD as proposed. Except
for minor editorial changes, and any
other changes described previously, this
AD is adopted as proposed in the
NPRM. None of the changes will
increase the economic burden on any
operator.
Related Service Information Under 1
CFR Part 51
The FAA reviewed Boeing 757
Maintenance Planning Data (MPD)
Document, Section 9, Airworthiness
Limitations (AWLs) and Certification
Maintenance Requirements (CMRs),
D622N001–9, dated September 2020.
This service information specifies
airworthiness limitation instruction
(ALI) and CDCCL tasks related to fuel
tank ignition prevention and the
nitrogen generation system. This service
information is reasonably available
because the interested parties have
access to it through their normal course
of business or by the means identified
in ADDRESSES.
Costs of Compliance
The FAA estimates that this AD
affects 493 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this AD:
The FAA has determined that revising
the existing maintenance or inspection
program takes an average of 90 workhours per operator, although the agency
recognizes that this number may vary
from operator to operator. Since
operators incorporate maintenance or
inspection program changes for their
affected fleet(s), the FAA has
determined that a per-operator estimate
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4143
is more accurate than a per-airplane
estimate. Therefore, the FAA estimates
the average total cost per operator to be
$7,650 (90 work-hours × $85 per workhour).
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. Subtitle VII:
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
The FAA is issuing this rulemaking
under the authority described in
Subtitle VII, Part A, Subpart III, Section
44701: General requirements. Under
that section, Congress charges the FAA
with promoting safe flight of civil
aircraft in air commerce by prescribing
regulations for practices, methods, and
procedures the Administrator finds
necessary for safety in air commerce.
This regulation is within the scope of
that authority because it addresses an
unsafe condition that is likely to exist or
develop on products identified in this
rulemaking action.
Regulatory Findings
This AD will not have federalism
implications under Executive Order
13132. This AD will not have a
substantial direct effect on the States, on
the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Will not affect intrastate aviation
in Alaska, and
(3) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
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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:
■
2021–26–28 The Boeing Company:
Amendment 39–21887; Docket No.
FAA–2021–0331; Project Identifier AD–
2020–01703–T.
(a) Effective Date
This airworthiness directive (AD) is
effective March 3, 2022.
(b) Affected ADs
This AD affects the ADs specified in
paragraphs (b)(1) and (2) of this AD.
(1) AD 2012–12–15, Amendment 39–17095
(77 FR 42964, July 23, 2012) (AD 2012–12–
15).
(2) AD 2018–20–13, Amendment 39–19447
(83 FR 52305, October 17, 2018) (AD 2018–
20–13).
(c) Applicability
This AD applies to all The Boeing
Company Model 757–200, –200PF, –200CB,
and –300 series airplanes, certificated in any
category.
(d) Subject
Air Transport Association (ATA) of
America Code 28, Fuel.
(e) Unsafe Condition
This AD was prompted by significant
changes, including new or more restrictive
requirements, made to the airworthiness
limitations (AWLs) related to fuel tank
ignition prevention and the nitrogen
generation system. The FAA is issuing this
AD to address ignition sources inside the fuel
tanks and the increased flammability
exposure of the center fuel tank caused by
latent failures, alterations, repairs, or
maintenance actions, which could result in a
fuel tank explosion and consequent loss of an
airplane.
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(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Maintenance or Inspection Program
Revision
Except as provided by paragraphs (h) and
(i) of this AD, within 60 days after the
effective date of this AD, revise the existing
maintenance or inspection program, as
applicable, to incorporate the information
specified in Section E., ‘‘Airworthiness
Limitations—Systems,’’ of the Boeing 757
Maintenance Planning Data (MPD)
Document, Section 9, Airworthiness
Limitations (AWLs) and Certification
Maintenance Requirements (CMRs),
D622N001–9, dated September 2020; except
this AD does not require incorporation of the
information specified in Subsections E.2 and
E.4. The initial compliance time for doing the
airworthiness limitation instruction (ALI)
tasks is at the times specified in paragraphs
(g)(1) through (12) of this AD.
(1) For AWL No. 28–AWL–01, ‘‘External
Wires Over Center Fuel Tank’’: Within 120
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months after the most recent inspection was
performed as specified in AWL No. 28–
AWL–01.
(2) For AWL No. 28–AWL–03, ‘‘Fuel
Quantity Indicating System (FQIS)—Out
Tank Wiring Lightning Shield to Ground
Termination’’: Within 120 months after the
most recent inspection was performed as
specified in AWL No. 28–AWL–03.
(3) For AWL No. 28–AWL–14, ‘‘Main and
Center Wing Tank Fueling Shutoff Valve
Body and Actuator—Fault Current Bond’’:
Within 120 months after the most recent
inspection was performed as specified in
AWL No. 28–AWL–14.
(4) For AWL No. 28–AWL–20, ‘‘Center
Tank Fuel Override Boost Pump Automatic
Shutoff System’’: Within 12 months after
accomplishment of the actions specified in
Boeing Service Bulletin 757–28A0081 or
Boeing Service Bulletin 757–28A0082, as
applicable; or within 12 months after the
most recent inspection was performed as
specified in AWL No. 28–AWL–20;
whichever occurs later.
(5) For AWL No. 28–AWL–21, ‘‘OverCurrent and Arcing Protection Electrical
Design Features Operation—Boost Pump
Ground Fault Interrupter (GFI)’’: Within 12
months after accomplishment of the actions
specified in Boeing Service Bulletin 757–
28A0078 or Boeing Service Bulletin 757–
28A0079, as applicable; or within 12 months
after the most recent inspection was
performed as specified in AWL No. 28–
AWL–21; whichever occurs later.
(6) For AWL No. 28–AWL–25, ‘‘Motor
Operated Valve (MOV) Actuator—Lightning
and Fault Current Protection Electrical
Bond’’: Within 72 months after
accomplishment of the actions specified in
Boeing Service Bulletin 757–28A0088, or
within 72 months after the most recent
inspection was performed as specified in
AWL No. 28–AWL–25, whichever occurs
later.
(7) For AWL No. 28–AWL–26, ‘‘Center
Tank Fuel Boost Pump Power Failed On
Protection System’’: Within 12 months after
accomplishment of the actions specified in
Boeing Service Bulletin 757–28A0105, or
within 12 months after the most recent
inspection was performed as specified in
AWL No. 28–AWL–26, whichever occurs
later.
(8) For AWL No. 28–AWL–30, ‘‘AC Fuel
Pump Fault Current Bonding Jumper
Installation, Main and Center Tank’’: Within
24 months after the effective date of this AD,
or within 72 months after the most recent
inspection was performed as specified in
AWL No. 28–AWL–30, whichever occurs
later.
(9) For AWL No. 28–AWL–33, ‘‘Full
Cushion Clamps and Teflon Sleeving
Installed on Out-of-Tank Wire Bundles
Installed on Brackets that are Mounted
Directly on the Fuel Tanks’’: Within 24
months after the effective date of this AD; or
within 144 months after accomplishment of
the actions specified in Boeing Service
Bulletin 757–57A0064 (Part 2 through Part 10
of the Work Instructions); or within 144
months since the most recent inspection was
performed as specified in AWL No. 28–
AWL–33; whichever occurs later.
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(10) For AWL No. 47–AWL–04, ‘‘NGS—
NEA Distribution Ducting’’: Within 17,300
flight hours after accomplishment of the
actions specified in Boeing Service Bulletin
757–47–0001 or Boeing Service Bulletin 757–
47–0005, as applicable; or within 17,300
flight hours after the most recent inspection
was performed as specified in AWL No. 47–
AWL–04; whichever occurs later.
(11) For AWL No. 47–AWL–05, ‘‘NGS—
Cross Vent Check Valve’’: Within 17,300
flight hours after accomplishment of the
actions specified in Boeing Service Bulletin
757–47–0001 or Boeing Service Bulletin 757–
47–0005, as applicable; or within 17,300
flight hours after the most recent inspection
was performed as specified in AWL No. 47–
AWL–05; whichever occurs later.
(12) For AWL No. 47–AWL–07, ‘‘NGS—
Thermal Switch’’: Within 48,000 flight hours
after accomplishment of the actions specified
in Boeing Service Bulletin 757–47–0001 or
Boeing Service Bulletin 757–47–0005, as
applicable; or within 48,000 flight hours after
the most recent inspection was performed as
specified in AWL No. 47–AWL–07;
whichever occurs later.
(h) Additional Acceptable Wire Types and
Sleeving
During accomplishment of the actions
required by paragraph (g) of this AD, the
alternative materials specified in paragraphs
(h)(1) and (2) of this AD are acceptable.
(1) Where AWL No. 28–AWL–05 identifies
wire types BMS 13–48, BMS 13–58, and BMS
13–60, the following wire types are
acceptable: MIL–W–22759/16, SAE
AS22759/16 (M22759/16), MIL–W–22759/32,
SAE AS22759/32 (M22759/32), MIL–W–
22759/34, SAE AS22759/34 (M22759/34),
MIL–W–22759/41, SAE AS22759/41
(M22759/41), MIL–W–22759/86, SAE
AS22759/86 (M22759/86), MIL–W–22759/87,
SAE AS22759/87 (M22759/87), MIL–W–
22759/92, and SAE AS22759/92 (M22759/
92); and MIL–C–27500 and NEMA WC 27500
cables constructed from these military or
SAE specification wire types, as applicable.
(2) Where AWL No. 28–AWL–05 identifies
TFE–2X Standard wall for wire sleeving, the
following sleeving materials are acceptable:
Roundit 2000NX and Varglas Type HO, HP,
or HM.
(i) Additional Acceptable Materials for
Airplanes Modified Under Aviation Partners
Boeing Supplemental Type Certificate (STC)
ST01518SE
During accomplishment of the actions
required by paragraph (g) of this AD, the
following alternative materials are
acceptable: For Model 757–300 series
airplanes modified using Aviation Partners
Boeing STC ST01518SE, issued March 25,
2005, where AWL No. 28–AWL–18 requires
the use of conductive fasteners having Part
Number (P/N) BACB30LR4–7, this AD allows
the use of conductive fasteners having P/N
BACB30LR4–7 and P/N BACB30LR4–9.
(j) No Alternative Actions, Intervals, or
CDCCLs
After the existing maintenance or
inspection program has been revised as
required by paragraph (g) of this AD, no
alternative actions (e.g., inspections),
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Federal Register / Vol. 87, No. 18 / Thursday, January 27, 2022 / Rules and Regulations
intervals, or CDCCLs may be used unless the
actions, intervals, and CDCCLs are approved
as an alternative method of compliance
(AMOC) in accordance with the procedures
specified in paragraph (l) of this AD.
(k) Terminating Actions for Certain AD
Requirements
Accomplishment of the revision required
by paragraph (g) of this AD terminates the
requirements specified in paragraphs (k)(1)
and (2) of this AD for that airplane.
(1) All requirements of AD 2012–12–15.
(2) The requirements in paragraph (i)(2) of
AD 2018–20–13.
(l) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Los Angeles 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 Related Information.
Information may be emailed to: 9-AWPLAACO-ADS@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, Los Angeles 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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(m) Related Information
For more information about this AD,
contact Samuel Lee, Aerospace Engineer,
Propulsion Section, FAA, Los Angeles ACO
Branch, 3960 Paramount Blvd., Lakewood,
CA 90712–4102; phone: 562–627–5262;
email: samuel.lee@faa.gov.
(n) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Boeing 757 Maintenance Planning Data
(MPD) Document, Section 9, Airworthiness
Limitations (AWLs) and Certification
Maintenance Requirements (CMRs),
D622N001–9, dated September 2020.
(ii) [Reserved]
(3) For service information identified in
this AD, contact Boeing Commercial
Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd.,
MC 110–SK57, Seal Beach, CA 90740–5600;
telephone 562–797–1717; internet https://
www.myboeingfleet.com.
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16:00 Jan 26, 2022
Jkt 256001
(4) You may view this service information
at the FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th
St., Des Moines, WA. For information on the
availability of this material at the FAA, call
206–231–3195.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
fr.inspection@nara.gov, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on December 17, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022–01568 Filed 1–26–22; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2021–0514; Project
Identifier MCAI–2020–01570–T; Amendment
39–21890; AD 2022–01–02]
RIN 2120–AA64
Airworthiness Directives; De Havilland
Aircraft of Canada Limited (Type
Certificate Previously Held by
Bombardier, Inc.) Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for certain
De Havilland Aircraft of Canada Limited
Model DHC–8–400, –401, and –402
airplanes. This AD was prompted by a
report that the epoxy primer on the
internal bore of the nacelle and landing
gear attachment pins was not applied,
and corrosion on the internal bore of the
wing rear spar attachment pins was
found. This AD requires doing a
detailed visual inspection of the nacelle
to wing rear spar attachment pins, and
the nacelle and landing gear attachment
pins, for any corrosion, and doing all
applicable corrective actions. The FAA
is issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective March 3,
2022.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of March 3, 2022.
ADDRESSES: For service information
identified in this final rule, contact De
Havilland Aircraft of Canada Limited,
SUMMARY:
PO 00000
Frm 00021
Fmt 4700
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4145
Q-Series Technical Help Desk, 123
Garratt Boulevard, Toronto, Ontario
M3K 1Y5, Canada; telephone 416–375–
4000; fax 416–375–4539; email thd@
dehavilland.com; internet https://
dehavilland.com. You may view this
service information at the FAA,
Airworthiness Products Section,
Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
It is also available on the internet at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2021–0514.
Examining the AD Docket
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2021–
0514; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this final rule,
any comments received, and other
information. The address for Docket
Operations is U.S. Department of
Transportation, Docket Operations,
M–30, West Building Ground Floor,
Room W12–140, 1200 New Jersey
Avenue SE, Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT:
Deep Gaurav, Aerospace Engineer,
Airframe and Propulsion Section, FAA,
New York ACO Branch, 1600 Stewart
Avenue, Suite 410, Westbury, NY
11590; telephone 516–228–7300; fax
516–794–5531; email 9-avs-nyaco-cos@
faa.gov.
SUPPLEMENTARY INFORMATION:
Background
Transport Canada Civil Aviation
(TCCA), which is the aviation authority
for Canada, has issued TCCA AD CF–
2020–51R1, dated February 24, 2021
(also referred to as the Mandatory
Continuing Airworthiness Information,
or the MCAI), to correct an unsafe
condition for certain De Havilland
Aircraft of Canada Limited Model DHC–
8–400, –401, and –402 airplanes. You
may examine the MCAI in the AD
docket on the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2021–
0514.
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to certain De Havilland Aircraft of
Canada Limited Model DHC–8–400,
–401, and –402 airplanes. The NPRM
published in the Federal Register on
June 29, 2021 (86 FR 34163). The NPRM
was prompted by a report that the epoxy
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]]>Agencies
[Federal Register Volume 87, Number 18 (Thursday, January 27, 2022)]
[Rules and Regulations]
[Pages 4140-4145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01568]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0331; Project Identifier AD-2020-01703-T;
Amendment 39-21887; AD 2021-26-28]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
The Boeing Company Model 757 airplanes. This AD was prompted by
significant changes, including new or more restrictive requirements,
made to the
[[Page 4141]]
airworthiness limitations (AWLs) related to fuel tank ignition
prevention and the nitrogen generation system. This AD requires
revising the existing maintenance or inspection program, as applicable,
to incorporate new or more restrictive airworthiness limitations. The
FAA is issuing this AD to address the unsafe condition on these
products.
DATES: This AD is effective March 3, 2022.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of March 3,
2022.
ADDRESSES: For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740-5600; telephone 562-797-1717; internet https://www.myboeingfleet.com. You may view this service information at the
FAA, Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability of
this material at the FAA, call 206-231-3195. It is also available at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2021-0331.
Examining the AD Docket
You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0331; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, any
comments received, and other information. The address for Docket
Operations is U.S. Department of Transportation, Docket Operations, M-
30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue
SE, Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Samuel Lee, Aerospace Engineer,
Propulsion Section, FAA, Los Angeles ACO Branch, 3960 Paramount Blvd.,
Lakewood, CA 90712-4102; phone: 562-627-5262; email:
[email protected].
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all The Boeing Company
Model 757 airplanes. The NPRM published in the Federal Register on May
10, 2021 (86 FR 24786). The NPRM was prompted by significant changes,
including new or more restrictive requirements, made to the AWLs
related to fuel tank ignition prevention and the nitrogen generation
system. In the NPRM, the FAA proposed to require revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive airworthiness limitations. The FAA is issuing this AD
to address ignition sources inside the fuel tanks and the increased
flammability exposure of the center fuel tank caused by latent
failures, alterations, repairs, or maintenance actions, which could
result in a fuel tank explosion and consequent loss of an airplane.
Revised Service Information Since the NPRM Was Issued
Since the NPRM was issued, the FAA has reviewed Boeing 757
Maintenance Planning Data (MPD) Document, Section 9, Airworthiness
Limitations (AWLs) and Certification Maintenance Requirements (CMRs),
D622N001-9, dated September 2020. The revised service information adds
a section that references any Boeing service bulletin modifications
that include supplemental structural inspections. This service
information revision does not affect the technical content of this AD.
The FAA has revised this final rule to require the September 2020
version of the service information.
Discussion of Final Airworthiness Directive
Comments
The FAA received comments from The Air Line Pilots Association,
International (ALPA), Boeing, and United Airlines who supported the
NPRM without change.
The FAA received additional comments from three commenters,
including Aviation Partners Boeing (APB), Delta Airlines (DAL), and VT
Mobile Aerospace Engineering (VT MAE), Inc. The following presents the
comments received on the NPRM and the FAA's response to each comment.
Effect of Winglets on Accomplishment of the Proposed Actions
Aviation Partners Boeing stated that the installation of winglets
per Supplemental Type Certificate (STC) STC ST01518SE does not affect
the accomplishment of the manufacturer's service instructions.
The FAA agrees with the commenter that STC ST01518SE does not
affect the accomplishment of the manufacturer's service instructions.
Therefore, the installation of STC ST01518SE does not affect the
ability to accomplish the actions required by this AD. The FAA has not
changed this AD in this regard.
Request To Use Certain Documents Associated With a Certain STC
VT MAE proposed that certain maintenance planning documents
associated with VT MAE STCs be included in the NPRM. VT MAE stated that
certain maintenance documents associated with VT MAE STCs supersede AWL
No. 28-AWL-01 of Boeing 757 Maintenance Planning Data (MPD) Document,
Section 9, Airworthiness Limitations (AWLs) and Certification
Maintenance Requirements (CMRs), D622N001-9, dated March 2020.
The FAA disagrees with the commenter's request. A maintenance
document associated with an STC cannot replace an AWL task established
by the type design holder of the aircraft. Furthermore, the maintenance
documents referred to by VT MAE and associated with VT MAE STCs are
unrelated to the unsafe condition addressed by this AD. If any safety
issue associated with VT MAE STCs is reported to the FAA, the FAA may
consider a separate AD action to mandate necessary information. The FAA
has not changed this AD in this regard.
Request To Clarify Compliance for a Certain STC
DAL requested clarification on how an operator would comply with
AWL No. 28-AWL-19 for airplanes that have incorporated TDG Aerospace
STC ST01950LA, which installs the universal fault interrupter (UFI) in
place of the Boeing ground fault interrupter (GFI) that is referenced
in AWL No. 28-AWL-19.
The FAA provides the following clarification. AWL No. 28-AWL-19
specifies the actions that are required before the fuel pump circuit
breakers or the GFIs are reset. If the TDG Aerospace UFI is installed
in place of the GFI, the actions associated with the GFI as specified
in AWL No. 28-AWL-19 are no longer applicable, but the actions
associated with the fuel pump circuit breakers in AWL No. 28-AWL-19 are
still applicable. The FAA has not changed this AD in this regard.
Request To Clarify the Revision Level for Certain Service Information
DAL requested clarification of the Boeing service bulletins
associated with certain AWLs specified by the proposed AD. DAL stated
that the Boeing service bulletins are identified without a revision
level in the applicability column for the AWLs and that the revision
level should be identified. DAL commented that clarification of the
[[Page 4142]]
revision level would ensure that operators have the correct information
for each AWL.
The FAA disagrees with the request. The FAA has previously issued
ADs for Model 757 airplanes requiring accomplishment of the service
bulletins referenced in the AWLs associated with Air Transport
Association (ATA) Chapter 28. Those ADs specify the revision level of
the required service bulletins. If the revision level of a service
bulletin is specified in an AWL, it may be possible to have a situation
where the revision levels of the service bulletin specified in an AWL
and an AD are inconsistent. This could occur when an AD has a provision
to allow accomplishment of an earlier revision level of the service
bulletin within a certain time period, or when an AD is superseded to
mandate a later revision of a service bulletin that was previously
required. Such a situation would cause confusion and possibly require a
change to an AWL and issuance of a new AD to require an updated AWL.
Therefore, the FAA has determined that it would be more effective to
not specify the revision level of the referenced service bulletins in
the AWLs, so that any conflict regarding the revision level of a
service bulletin would not occur between an AWL and an AD that mandated
the service bulletin.
As for the AWLs associated with ATA Chapter 47, the operating
rules, such as 14 CFR 121.1117(d), 125.509(d) and 129.117(d), require
operators to install an FAA-approved flammability reduction means
(Boeing Nitrogen Generation System (NGS)). In addition, the operating
rules, such as 14 CFR 121.1117(g), 125.509(g), and 129.117(g), require
operators to revise the maintenance or inspection program to include
applicable airworthiness limitations. The AWLs associated with ATA
Chapter 47 and the service bulletins referenced in these AWLs were
developed when these operating rules were promulgated. The service
bulletins and the AWLs for NGS were approved for compliance with
applicable 14 CFR part 25 regulations during certification of the
Boeing NGS. Since development of the Boeing NGS service bulletins, the
FAA has not received any reports that would raise concern for
accomplishing a specific revision level of a service bulletin
associated with those operating rules. The FAA has not changed this
final rule in this regard.
Request To Not Mandate a Certain AWL in the Proposed AD
DAL requested that incorporation of AWL No. 47-AWL-06 in Boeing 757
Maintenance Planning Data (MPD) Document, Section 9, Airworthiness
Limitations (AWLs) and Certification Maintenance Requirements (CMRs),
D622N001-9, dated March 2020, not be required in the proposed AD until
specific service instructions are identified and compliance times are
adequately defined. DAL stated that certain language in AWL No. 47-AWL-
06 requires either that operators implement these FAA-approved design
changes or that operators implement other design changes or operational
procedural changes approved by the FAA Oversight Office within the
compliance time stated in the service instructions. DAL commented that
this language essentially forces operators to show compliance for a
document that does not yet exist.
DAL also commented that if Boeing publishes service instructions
that are FAA approved, then the CDCCL in its current state strips the
operator's ability to comment on the service instructions before the
service instructions become law.
The FAA disagrees with the request to not mandate the incorporation
of AWL No. 47-AWL-06. This specific CDCCL was determined to be
necessary during the certification of the NGS as discussed in FAA
Equivalent Level of Safety Finding for the Fuel Tank Flammability Rule
(FTFR) on Boeing Company Models 737 Classic, 737NG, 747-400, 747-8,
757, 767, 777 and 787 Series Airplanes, Memo No. PS05-0177-P-2, dated
November 20, 2015 (ELOS memorandum).\1\ The fuel tank flammability
analysis conducted by Boeing for the NGS certification was based on
airplane descent rates that were slower than the rates defined in
Reduction of Fuel Tank Flammability in Transport Category Airplanes (73
FR 42444, July 21, 2008), the FTFR rule. The data provided by Boeing
showed that when the airplane descent rate defined in the rule was
used, the flammability levels would exceed the limits required by the
FTFR rule. Boeing proposed to use descent rates slower than the rates
defined in the FTFR rule and provided supportive data based on
operation of the transport fleet. Under the ELOS memorandum, Boeing is
required to monitor U.S. fleet descent rates and to develop service
instructions if the fleet average flammability exposure approaches the
limits required by the FTFR rule due to an increase in the descent
rates. These requirements for Boeing and the conditions specified in
the CDCCL, which include the requirement for operators to incorporate
service instructions, were determined to be compensating design
features or alternative standards to justify the ELOS finding.
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Furthermore, incorporation of the AWLs associated with ATA Chapter
47 required for Model 757 airplanes is required by operating rules such
as 14 CFR 121.1117(g), 125.509(g), and 129.117(g). Therefore, an
earlier version of AWL No. 47-AWL-06 with essentially the same content
as the version of AWL No. 47-AWL-06 that is mandated by this AD should
already exist in operator's maintenance or inspection program, as
applicable. This AD requires incorporation of AWL No. 47-AWL-06 in
Boeing 757 Maintenance Planning Data (MPD) Document, Section 9,
Airworthiness Limitations (AWLs) and Certification Maintenance
Requirements (CMRs), D622N001-9, dated September 2020. Even if the
requirement to incorporate AWL No. 47-AWL-06 is removed from this AD as
proposed by the commenter, operators still must comply with the same
requirements of AWL No. 47-AWL-06 that already exist in their
maintenance or inspection program, as applicable. The FAA has not
changed this final rule in this regard.
Request for Clarification for Incorporating Section E of the Service
Information
DAL requested clarification of the requirements for paragraph (g)
of the proposed AD. DAL stated that paragraph (g) of the proposed AD
would require incorporating the information in Section E, including
Subsections E.1 and E.3, of Boeing 757 Maintenance Planning Data (MPD)
Document, Section 9, Airworthiness Limitations (AWLs) and Certification
Maintenance Requirements (CMRs), D622N001-9, dated March 2020. DAL
stated that Section E contains subsections E.1, E.2, E.3, and E.4, so
it is unclear why Subsections E.1 and E.3 are specifically identified,
because it seems redundant. DAL commented that if only Subsections E.1
and E.3 are required, then those subsections should be identified
specifically.
The FAA provides the following clarification. Section E contains
information prior to the beginning of Subsection E.1, such as
``Introduction'' and ``Regulatory Agency Approval.'' The FAA has
determined that certain information, such as the information provided
under the ``Definitions,'' is critical to performing the maintenance
required by the AWLs. Paragraph (g) of this AD requires incorporation
of the information contained in Section E prior to the beginning of
Subsection E.1, as
[[Page 4143]]
well as incorporation of Subsections E.1 and E.3. Incorporation of the
information in Subsections E.2 and E.4 was previously addressed by
separate AD actions or as an alternative methods of compliance (AMOC).
Since then, the information in Subsections E.2 and E.4 has not been
revised to a level that would affect safety and warrant a new AD
action. Therefore, the FAA has clarified paragraph (g) of this AD to
specify that incorporation of Subsections E.2 and E.4 into the existing
maintenance or inspection program, as applicable, is not required by
this AD.
Request To Remove Certain Service Information From the AWL
DAL requested removal of Boeing Service Bulletin 757-47-0005, as
specified in the ``Applicability'' column of certain AWLs in Boeing 757
Maintenance Planning Data (MPD) Document, Section 9, Airworthiness
Limitations (AWLs) and Certification Maintenance Requirements (CMRs),
D622N001-9, dated March 2020, and in paragraphs (g)(10) through (12) of
the proposed AD. DAL stated the service information is not available to
operators, and removal of the service information in the AWLs would
help operators better understand the scope of the proposed AD.
The FAA disagrees with the commenter's request since Boeing Service
Bulletin 757-47-0005 applies only to certain operators. The FAA has
confirmed with Boeing that Service Bulletin 757-47-0005 can be searched
and accessed only by operators who are affected by that service
information. The FAA has not changed this final rule in this regard.
Request To Use a Previously Issued AMOC
Aviation Partners Boeing stated it has an existing AMOC that
corresponds to AD 2012-12-15, Amendment 39-17095 (77 FR 42964, July 23,
2012) (AD 2012-12-15), which allows Model 757-300 series airplanes with
STC ST01518SE to install a longer fastener than what is specified in
Item 4 of AWL No. 28-AWL-18 in Boeing 757 Maintenance Planning Data
(MPD) Document, Section 9, Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements (CMRs), D622N001-9, dated March
2020. APB suggested that paragraph (k) of the proposed AD include AMOCs
approved for AD 2012-12-15 for the corresponding actions in paragraphs
(j)(1) and (2) of the proposed AD.
The FAA agrees that the AMOC for AD 2012-12-15, which was approved
for STC ST01518SE, should be addressed. The FAA previously determined
that the installation of an alternative fastener under STC ST01518SE
would be adequate. However, the FAA has determined that it would be
more appropriate to specify the requirements associated with STC
ST01518SE in this AD instead of accepting a previously approved AMOC.
The FAA has added paragraph (i) in this AD to address airplanes that
have been modified under STC ST01518SE. In addition, subsequent
paragraphs in this AD have been redesignated accordingly.
Additional Changes to the AMOC Paragraph
Since the NPRM was issued, the FAA has updated paragraph (l) of
this AD to specify the Los Angeles ACO Branch has the authority to
approve AMOCs for this AD.
Conclusion
The FAA reviewed the relevant data, considered any comments
received, and determined that air safety requires adopting this AD as
proposed. Except for minor editorial changes, and any other changes
described previously, this AD is adopted as proposed in the NPRM. None
of the changes will increase the economic burden on any operator.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Boeing 757 Maintenance Planning Data (MPD)
Document, Section 9, Airworthiness Limitations (AWLs) and Certification
Maintenance Requirements (CMRs), D622N001-9, dated September 2020. This
service information specifies airworthiness limitation instruction
(ALI) and CDCCL tasks related to fuel tank ignition prevention and the
nitrogen generation system. This service information is reasonably
available because the interested parties have access to it through
their normal course of business or by the means identified in
ADDRESSES.
Costs of Compliance
The FAA estimates that this AD affects 493 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the agency recognizes that this number may vary from operator
to operator. Since operators incorporate maintenance or inspection
program changes for their affected fleet(s), the FAA has determined
that a per-operator estimate is more accurate than a per-airplane
estimate. Therefore, the FAA estimates the average total cost per
operator to be $7,650 (90 work-hours x $85 per work-hour).
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska, and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
[[Page 4144]]
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
2021-26-28 The Boeing Company: Amendment 39-21887; Docket No. FAA-
2021-0331; Project Identifier AD-2020-01703-T.
(a) Effective Date
This airworthiness directive (AD) is effective March 3, 2022.
(b) Affected ADs
This AD affects the ADs specified in paragraphs (b)(1) and (2)
of this AD.
(1) AD 2012-12-15, Amendment 39-17095 (77 FR 42964, July 23,
2012) (AD 2012-12-15).
(2) AD 2018-20-13, Amendment 39-19447 (83 FR 52305, October 17,
2018) (AD 2018-20-13).
(c) Applicability
This AD applies to all The Boeing Company Model 757-200, -200PF,
-200CB, and -300 series airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 28, Fuel.
(e) Unsafe Condition
This AD was prompted by significant changes, including new or
more restrictive requirements, made to the airworthiness limitations
(AWLs) related to fuel tank ignition prevention and the nitrogen
generation system. The FAA is issuing this AD to address ignition
sources inside the fuel tanks and the increased flammability
exposure of the center fuel tank caused by latent failures,
alterations, repairs, or maintenance actions, which could result in
a fuel tank explosion and consequent loss of an airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Maintenance or Inspection Program Revision
Except as provided by paragraphs (h) and (i) of this AD, within
60 days after the effective date of this AD, revise the existing
maintenance or inspection program, as applicable, to incorporate the
information specified in Section E., ``Airworthiness Limitations--
Systems,'' of the Boeing 757 Maintenance Planning Data (MPD)
Document, Section 9, Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements (CMRs), D622N001-9, dated
September 2020; except this AD does not require incorporation of the
information specified in Subsections E.2 and E.4. The initial
compliance time for doing the airworthiness limitation instruction
(ALI) tasks is at the times specified in paragraphs (g)(1) through
(12) of this AD.
(1) For AWL No. 28-AWL-01, ``External Wires Over Center Fuel
Tank'': Within 120 months after the most recent inspection was
performed as specified in AWL No. 28-AWL-01.
(2) For AWL No. 28-AWL-03, ``Fuel Quantity Indicating System
(FQIS)--Out Tank Wiring Lightning Shield to Ground Termination'':
Within 120 months after the most recent inspection was performed as
specified in AWL No. 28-AWL-03.
(3) For AWL No. 28-AWL-14, ``Main and Center Wing Tank Fueling
Shutoff Valve Body and Actuator--Fault Current Bond'': Within 120
months after the most recent inspection was performed as specified
in AWL No. 28-AWL-14.
(4) For AWL No. 28-AWL-20, ``Center Tank Fuel Override Boost
Pump Automatic Shutoff System'': Within 12 months after
accomplishment of the actions specified in Boeing Service Bulletin
757-28A0081 or Boeing Service Bulletin 757-28A0082, as applicable;
or within 12 months after the most recent inspection was performed
as specified in AWL No. 28-AWL-20; whichever occurs later.
(5) For AWL No. 28-AWL-21, ``Over-Current and Arcing Protection
Electrical Design Features Operation--Boost Pump Ground Fault
Interrupter (GFI)'': Within 12 months after accomplishment of the
actions specified in Boeing Service Bulletin 757-28A0078 or Boeing
Service Bulletin 757-28A0079, as applicable; or within 12 months
after the most recent inspection was performed as specified in AWL
No. 28-AWL-21; whichever occurs later.
(6) For AWL No. 28-AWL-25, ``Motor Operated Valve (MOV)
Actuator--Lightning and Fault Current Protection Electrical Bond'':
Within 72 months after accomplishment of the actions specified in
Boeing Service Bulletin 757-28A0088, or within 72 months after the
most recent inspection was performed as specified in AWL No. 28-AWL-
25, whichever occurs later.
(7) For AWL No. 28-AWL-26, ``Center Tank Fuel Boost Pump Power
Failed On Protection System'': Within 12 months after accomplishment
of the actions specified in Boeing Service Bulletin 757-28A0105, or
within 12 months after the most recent inspection was performed as
specified in AWL No. 28-AWL-26, whichever occurs later.
(8) For AWL No. 28-AWL-30, ``AC Fuel Pump Fault Current Bonding
Jumper Installation, Main and Center Tank'': Within 24 months after
the effective date of this AD, or within 72 months after the most
recent inspection was performed as specified in AWL No. 28-AWL-30,
whichever occurs later.
(9) For AWL No. 28-AWL-33, ``Full Cushion Clamps and Teflon
Sleeving Installed on Out-of-Tank Wire Bundles Installed on Brackets
that are Mounted Directly on the Fuel Tanks'': Within 24 months
after the effective date of this AD; or within 144 months after
accomplishment of the actions specified in Boeing Service Bulletin
757-57A0064 (Part 2 through Part 10 of the Work Instructions); or
within 144 months since the most recent inspection was performed as
specified in AWL No. 28-AWL-33; whichever occurs later.
(10) For AWL No. 47-AWL-04, ``NGS--NEA Distribution Ducting'':
Within 17,300 flight hours after accomplishment of the actions
specified in Boeing Service Bulletin 757-47-0001 or Boeing Service
Bulletin 757-47-0005, as applicable; or within 17,300 flight hours
after the most recent inspection was performed as specified in AWL
No. 47-AWL-04; whichever occurs later.
(11) For AWL No. 47-AWL-05, ``NGS--Cross Vent Check Valve'':
Within 17,300 flight hours after accomplishment of the actions
specified in Boeing Service Bulletin 757-47-0001 or Boeing Service
Bulletin 757-47-0005, as applicable; or within 17,300 flight hours
after the most recent inspection was performed as specified in AWL
No. 47-AWL-05; whichever occurs later.
(12) For AWL No. 47-AWL-07, ``NGS--Thermal Switch'': Within
48,000 flight hours after accomplishment of the actions specified in
Boeing Service Bulletin 757-47-0001 or Boeing Service Bulletin 757-
47-0005, as applicable; or within 48,000 flight hours after the most
recent inspection was performed as specified in AWL No. 47-AWL-07;
whichever occurs later.
(h) Additional Acceptable Wire Types and Sleeving
During accomplishment of the actions required by paragraph (g)
of this AD, the alternative materials specified in paragraphs (h)(1)
and (2) of this AD are acceptable.
(1) Where AWL No. 28-AWL-05 identifies wire types BMS 13-48, BMS
13-58, and BMS 13-60, the following wire types are acceptable: MIL-
W-22759/16, SAE AS22759/16 (M22759/16), MIL-W-22759/32, SAE AS22759/
32 (M22759/32), MIL-W-22759/34, SAE AS22759/34 (M22759/34), MIL-W-
22759/41, SAE AS22759/41 (M22759/41), MIL-W-22759/86, SAE AS22759/86
(M22759/86), MIL-W-22759/87, SAE AS22759/87 (M22759/87), MIL-W-
22759/92, and SAE AS22759/92 (M22759/92); and MIL-C-27500 and NEMA
WC 27500 cables constructed from these military or SAE specification
wire types, as applicable.
(2) Where AWL No. 28-AWL-05 identifies TFE-2X Standard wall for
wire sleeving, the following sleeving materials are acceptable:
Roundit 2000NX and Varglas Type HO, HP, or HM.
(i) Additional Acceptable Materials for Airplanes Modified Under
Aviation Partners Boeing Supplemental Type Certificate (STC) ST01518SE
During accomplishment of the actions required by paragraph (g)
of this AD, the following alternative materials are acceptable: For
Model 757-300 series airplanes modified using Aviation Partners
Boeing STC ST01518SE, issued March 25, 2005, where AWL No. 28-AWL-18
requires the use of conductive fasteners having Part Number (P/N)
BACB30LR4-7, this AD allows the use of conductive fasteners having
P/N BACB30LR4-7 and P/N BACB30LR4-9.
(j) No Alternative Actions, Intervals, or CDCCLs
After the existing maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections),
[[Page 4145]]
intervals, or CDCCLs may be used unless the actions, intervals, and
CDCCLs are approved as an alternative method of compliance (AMOC) in
accordance with the procedures specified in paragraph (l) of this
AD.
(k) Terminating Actions for Certain AD Requirements
Accomplishment of the revision required by paragraph (g) of this
AD terminates the requirements specified in paragraphs (k)(1) and
(2) of this AD for that airplane.
(1) All requirements of AD 2012-12-15.
(2) The requirements in paragraph (i)(2) of AD 2018-20-13.
(l) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Los Angeles 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 Related Information. 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, Los
Angeles 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.
(m) Related Information
For more information about this AD, contact Samuel Lee,
Aerospace Engineer, Propulsion Section, FAA, Los Angeles ACO Branch,
3960 Paramount Blvd., Lakewood, CA 90712-4102; phone: 562-627-5262;
email: [email protected].
(n) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Boeing 757 Maintenance Planning Data (MPD) Document, Section
9, Airworthiness Limitations (AWLs) and Certification Maintenance
Requirements (CMRs), D622N001-9, dated September 2020.
(ii) [Reserved]
(3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone 562-797-1717; internet https://www.myboeingfleet.com.
(4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call 206-231-3195.
(5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on December 17, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-01568 Filed 1-26-22; 8:45 am]
BILLING CODE 4910-13-P
