4140 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 

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. 

(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: 

(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 

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 


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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. 

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 

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 


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1https://drs.faa.gov/browse/excelExternal

Window/dba562e3-218f-423a-b24e-a1e77ded8e0a. 

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. 

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. 

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 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 

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. 

(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, ‘‘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. 

(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 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: 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. 

(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. 

(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 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: 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, 

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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