[Federal Register Volume 87, Number 63 (Friday, April 1, 2022)]
[Rules and Regulations]
[Pages 18981-18983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06871]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0280; Project Identifier AD-2021-00504-T; 
Amendment 39-21984; AD 2022-06-18]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
The Boeing Company Model 767-2C series airplanes. This AD was prompted 
by a report of multiple nuisance caution ``RECIRC SMOKE'' engine 
indication and crew alerting system (EICAS) messages that may occur 
when water accumulates in the alternative ventilation system (AVS) 
duct. This AD requires replacing the alternative ventilation duct 
having a certain part number with a new part number, and for certain 
airplanes, changing the insulation blanket to install the drain hose. 
This AD also prohibits the installation of an alternative ventilation 
duct, part number (P/N) 216T2101-704, on any airplane. The FAA is 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective April 18, 2022.
    The FAA must receive comments on this AD by May 16, 2022.

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

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0280; 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 street address for the 
Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Brandon Lucero, Aerospace Engineer, 
Cabin Safety and Environmental Systems Section, FAA, Seattle ACO 
Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-
231-3569; email: <a href="/cdn-cgi/l/email-protection#a5e7d7c4cbc1cacb8be9d0c6c0d7cae5c3c4c48bc2cad3"><span class="__cf_email__" data-cfemail="6c2e1e0d020803024220190f091e032c0a0d0d420b031a">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    The FAA has received a report indicating multiple nuisance caution 
``RECIRC SMOKE'' EICAS messages that may occur when water accumulates 
in the AVS duct. The AVS duct is at a lower position than the 
recirculation smoke detector tubing, and therefore, there is a 
potential for water to leak onto the AVS duct. Water accumulation in 
the AVS duct can block AVS system airflow into the airplane, creating a 
loss of conditioned inflow and result in cold or hot flight deck 
temperatures. This condition, if not addressed, could affect the 
flightcrew's ability to maintain continued safe flight and landing. The 
FAA is issuing this AD to address the unsafe condition on these 
products.

FAA's Determination

    The FAA is issuing this AD because the agency has determined the 
unsafe condition described previously is likely to exist or develop in 
other products of the same type design.

AD Requirements

    This AD requires replacing the alternative ventilation duct having 
P/N 216T2101-704 with new P/N 216T2101-707, and for certain airplanes, 
changing the insulation blanket to install the drain hose. This AD also 
prohibits the installation of an alternative ventilation duct, P/N 
216T2101-704, on any airplane.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    There are currently no U.S.-registered airplanes affected by this 
AD. Accordingly, notice and opportunity for prior public comment are 
unnecessary, pursuant to 5 U.S.C. 553(b)(3). In addition, for the 
foregoing reason(s), the FAA finds that good cause exists pursuant to 5 
U.S.C. 553(d) for making this amendment effective in less than 30 days.

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include Docket No. FAA-2022-0280 and Project Identifier AD-
2021-00504-T at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may

[[Page 18982]]

amend this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this AD contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this AD, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this AD. Submissions containing CBI should be sent to Brandon 
Lucero, Aerospace Engineer, Cabin Safety and Environmental Systems 
Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 
98198; phone and fax: 206-231-3569; email: <a href="/cdn-cgi/l/email-protection#cb89b9aaa5afa4a5e587bea8aeb9a48badaaaae5aca4bd"><span class="__cf_email__" data-cfemail="6f2d1d0e010b000141231a0c0a1d002f090e0e41080019">[email protected]</span></a>. Any 
commentary that the FAA receives that is not specifically designated as 
CBI will be placed in the public docket for this rulemaking.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not 
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt 
a rule without prior notice and comment. Because the FAA has determined 
that it has good cause to adopt this rule without notice and comment, 
RFA analysis is not required.

Costs of Compliance

    Currently, there are no affected U.S.-registered airplanes. For any 
affected airplane that is imported and placed on the U.S. Register in 
the future, the FAA provides the following cost estimates to comply 
with this AD:

                                                Estimated Costs *
----------------------------------------------------------------------------------------------------------------
              Action                       Labor cost                Parts cost             Cost per product
----------------------------------------------------------------------------------------------------------------
Replacement and drain hose         Up to 5 work-hour x $85    Up to $5,490............  Up to $5,915.
 installation.                      per hour = $425.
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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, and
    (2) Will not affect intrastate aviation in Alaska.

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:

    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:

2022-06-18 The Boeing Company: Amendment 39-21984; Docket No. FAA-
2022-0280; Project Identifier AD-2021-00504-T.

(a) Effective Date

    This airworthiness directive (AD) is effective April 18, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 767-2C series 
airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 21, Air 
conditioning.

(e) Unsafe Condition

    This AD was prompted by a report of multiple nuisance caution 
``RECIRC SMOKE'' engine indication and crew alerting system (EICAS) 
messages that may occur when water accumulates in the alternative 
ventilation system (AVS) duct. The FAA is issuing this AD to address 
water accumulation in the AVS duct, which can block AVS system 
airflow into the airplane, creating a loss of conditioned inflow and 
result in cold or hot flight deck temperatures, and potentially 
affect the flightcrew's ability to maintain continued safe flight 
and landing.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Replacement and Installation

    Within 36 months after the effective date of this AD: Replace 
the alternative ventilation duct having part number (P/N) 216T2101-
704 with P/N 216T2101-707; and change the insulation blanket to 
install the drain hose, as applicable; in accordance with a method 
approved by the Manager, Seattle ACO Branch, FAA.

(h) Parts Installation Prohibition

    As of the effective date of this AD, no person may install an 
alternative ventilation duct, P/N 216T2101-704, on any airplane.

[[Page 18983]]

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO Branch, FAA, has the authority to 
approve AMOCs for this AD, if requested using the procedures found 
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request 
to your principal inspector or responsible Flight Standards Office, 
as appropriate. If sending information directly to the manager of 
the certification office, send it to the attention of the person 
identified in paragraph (j) of this AD. Information may be emailed 
to: <a href="/cdn-cgi/l/email-protection#b68f9bf7f8fb9be5d3d7c2c2dad39bf7f5f99bf7fbf9f59be4d3c7c3d3c5c2c5f6d0d7d798d1d9c0"><span class="__cf_email__" data-cfemail="0f36224e4142225c6a6e7b7b636a224e4c40224e42404c225d6a7e7a6a7c7b7c4f696e6e21686079">[email protected]</span></a>.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the responsible Flight Standards Office.
    (3) An AMOC that provides an acceptable level of safety may be 
used for any repair, modification, or alteration required by this AD 
if it is approved by The Boeing Company Organization Designation 
Authorization (ODA) that has been authorized by the Manager, Seattle 
ACO Branch, FAA, to make those findings. To be approved, the repair 
method, modification deviation, or alteration deviation must meet 
the certification basis of the airplane, and the approval must 
specifically refer to this AD.

(j) Related Information

    For more information about this AD, contact Brandon Lucero, 
Aerospace Engineer, Cabin Safety and Environmental Systems Section, 
FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; 
phone and fax: 206-231-3569; email: <a href="/cdn-cgi/l/email-protection#2664544748424948086a53454354496640474708414950"><span class="__cf_email__" data-cfemail="bbf9c9dad5dfd4d595f7ced8dec9d4fbdddada95dcd4cd">[email protected]</span></a>.

(k) Material Incorporated by Reference

    None.

    Issued on March 10, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-06871 Filed 3-31-22; 8:45 am]
BILLING CODE 4910-13-P


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