This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

50484 

Vol. 86, No. 172 

Thursday, September 9, 2021 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2021–0255; Project 

Identifier AD–2020–01282–T] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Proposed rule; withdrawal. 

SUMMARY: The FAA is withdrawing a 

notice of proposed rulemaking (NPRM) 

that proposed to adopt a new 

airworthiness directive (AD) that would 

have applied to certain The Boeing 

Company Model 787–8, 787–9, and 

787–10 airplanes. The NPRM was 

prompted by reports that very high 

frequency (VHF) radio frequencies 

transfer between the active and standby 

windows of the tuning control panel 

(TCP) without flightcrew input. The 

NPRM would have required updating 

the TCP operational software (OPS) and 

performing a software configuration 

check. Since issuance of the NPRM, the 

FAA determined that the TCP OPS 

version specified in the NPRM does not 

correct the unsafe condition. The FAA 

intends to propose new rulemaking to 

require updated software. Accordingly, 

the NPRM is withdrawn. 

DATES: The FAA is withdrawing the 

proposed rule published on April 7, 

2021 (86 FR 17993) as of September 9, 

2021. 

ADDRESSES: 

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– 

0255; 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 AD action, 

any comments received, and other 

information. The street 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: 

Frank Carreras, Aerospace Engineer, 

Systems and Equipment Section, FAA, 

Seattle ACO Branch, 2200 South 216th 

St., Des Moines, WA 98198; phone and 

fax: 206–231–3539; email: 

frank.carreras@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The FAA issued an NPRM that 

proposed to amend 14 CFR part 39 by 

adding an AD that would apply to 

certain The Boeing Company Model 

787–8, 787–9, and 787–10 airplanes. 

The NPRM was published in the 

Federal Register on April 7, 2021 (86 FR 

17993). The NPRM was prompted by 

reports that very high frequency (VHF) 

radio frequencies transfer between the 

active and standby windows of the 

tuning control panel (TCP) without 

flightcrew input. 

The NPRM proposed to require 

updating the TCP OPS and performing 

a software configuration check. The 

proposed actions were intended to 

address uncommanded frequency 

changes, which could result in missed 

air traffic control communications such 

as amended clearances and critical 

instructions for changes to flight path, 

and consequent loss of safe separation 

between aircraft, collision, or runway 

incursion. 

Actions Since the NPRM Was Issued 

Since issuance of the NPRM the FAA 

determined that the TCP OPS version 

specified in the NPRM does not correct 

the unsafe condition. The manufacturer 

is developing a new version of the 

software which will better address the 

unsafe condition. Required 

development and testing of the new 

software results in scheduled 

availability of the revised service 

information by June 2022. In light of 

these changes, the FAA intends to 

propose further rulemaking. 

Withdrawal of the NPRM constitutes 

only such action. The withdrawal does 

not preclude the FAA from further 

rulemaking on this issue or commit the 

FAA to any course of action in the 

future. 

Comments 

The FAA received comments on the 

NPRM from three commenters. The 

following presents the comments 

received on the NPRM and the FAA’s 

response to the comment. 

Boeing asked that the FAA delay 

issuance of the final rule until the next 

TCP OPS revision. Boeing stated that 

based on additional fleet reports, it has 

concluded that the OPS version 

specified in Boeing Alert Requirements 

Bulletin B787–81205–SB230041–00 RB, 

Issue 002, dated September 14, 2020, 

and specified in the NPRM, does not 

adequately address the ‘‘TCP VHF 

Uncommanded Frequency Change’’ 

issue. Boeing is continuing to evaluate 

fleet reports and is will address the 

cause of the additional findings in the 

next TCP OPS revision. The FAA agrees 

that the NPRM will not address the 

unsafe condition. When appropriate 

service information is developed, 

approved, and available, the FAA 

intends to propose new rulemaking to 

require the updated software. 

American Airlines requested that the 

FAA revise paragraph (g) of the 

proposed AD to allow later FAAapproved software. The FAA agrees 

with the request, but because the FAA 

is withdrawing the NPRM, the request is 

no longer necessary. 

The Air Line Pilots Association 

(ALPA) supported the NPRM. 

FAA’s Conclusions 

Upon further consideration, the FAA 

has determined that the NPRM does not 

adequately address the identified unsafe 

condition. Accordingly, the FAA is 

withdrawing the NPRM. 

Regulatory Findings 

Since this action only withdraws an 

NPRM, it is neither a proposed nor a 

final rule. This action therefore is not 

covered under Executive Order 12866, 

the Regulatory Flexibility Act, or DOT 

Regulatory Policies and Procedures (44 

FR 11034, February 26, 1979). 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Withdrawal 

■ Accordingly, the notice of proposed 

rulemaking (NPRM) (Docket No. FAA– 

2021–0255), which was published in the 


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Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Proposed Rules 50485 

Federal Register on April 7, 2021 (86 FR 

17993), is withdrawn. 

Issued on August 31, 2021. 

Gaetano A. Sciortino, 

Deputy Director for Strategic Initiatives, 

Compliance & Airworthiness Division, 

Aircraft Certification Service. 

[FR Doc. 2021–19355 Filed 9–8–21; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2021–0685; Project 

Identifier AD–2021–00432–T] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to 

supersede Airworthiness Directive (AD) 

2020–21–17, which applies to all The 

Boeing Company Model 757 airplanes. 

AD 2020–21–17 requires repetitive 

inspections for skin cracking and shim 

migration at the upper link drag fittings, 

diagonal brace cracking, and fastener 

looseness; and applicable on-condition 

actions. Since the FAA issued AD 2020– 

21–17, a determination has been made 

that the compliance times for certain 

groups are not adequate. This proposed 

AD would retain the requirements of AD 

2020–21–17 with reduced compliance 

times for certain airplane groups. The 

FAA is proposing this AD to address the 

unsafe condition on these products. 

DATES: The FAA must receive comments 

on this proposed AD by October 25, 

2021. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue SE, Washington, DC 20590. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this NPRM, contact Boeing Commercial 

Airplanes, Attention: Contractual & Data 

Services (C&DS), 2600 Westminster 

Blvd., MC 110–SK57, Seal Beach, CA 

90740–5600; telephone 562–797–1717; 

internet https://

www.myboeingfleet.com. You may view 

this 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– 

0685. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2021–0685; or in person at Docket 

Operations between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The AD docket contains this 

NPRM, any comments received, and 

other information. The street address for 

Docket Operations is listed above. 

FOR FURTHER INFORMATION CONTACT: 

David Truong, Aerospace Engineer, 

Airframe Section, FAA, Los Angeles 

ACO Branch, 3960 Paramount 

Boulevard, Lakewood, CA 90712–4137; 

phone: 562–627–5224; fax: 562–627– 

5210; email: david.truong@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites you to send any 

written relevant data, views, or 

arguments about this proposal. Send 

your comments to an address listed 

under ADDRESSES. Include ‘‘Docket No. 

FAA–2021–0685; Project Identifier AD– 

2021–00432–T’’ at the beginning of your 

comments. The most helpful comments 

reference a specific portion of the 

proposal, explain the reason for any 

recommended change, and include 

supporting data. The FAA will consider 

all comments received by the closing 

date and may amend the proposal 

because of those comments. 

Except for Confidential Business 

Information (CBI) as described in the 

following paragraph, and other 

information as described in 14 CFR 

11.35, the FAA will post all comments 

received, without change, to https://

www.regulations.gov, including any 

personal information you provide. The 

agency will also post a report 

summarizing each substantive verbal 

contact received about this proposed 

AD. 

Confidential Business Information 

CBI is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 

(FOIA) (5 U.S.C. 552), CBI is exempt 

from public disclosure. If your 

comments responsive to this NPRM 

contain commercial or financial 

information that is customarily treated 

as private, that you actually treat as 

private, and that is relevant or 

responsive to this NPRM, it is important 

that you clearly designate the submitted 

comments as CBI. Please mark each 

page of your submission containing CBI 

as ‘‘PROPIN.’’ The FAA will treat such 

marked submissions as confidential 

under the FOIA, and they will not be 

placed in the public docket of this 

NPRM. Submissions containing CBI 

should be sent to David Truong, 

Aerospace Engineer, Airframe Section, 

FAA, Los Angeles ACO Branch, 3960 

Paramount Boulevard, Lakewood, CA 

90712–4137; phone: 562–627–5224; fax: 

562–627–5210; email: david.truong@

faa.gov. Any commentary that the FAA 

receives which is not specifically 

designated as CBI will be placed in the 

public docket for this rulemaking. 

Background 

The FAA issued AD 2020–21–17, 

Amendment 39–21290 (85 FR 79418, 

December 10, 2020) (AD 2020–21–17), 

for all The Boeing Company Model 757 

airplanes. AD 2020–21–17 was 

prompted by reports of bolt rotation in 

the engine drag fitting joint and fastener 

heads; an inspection of the fastener 

holes revealed that cracks were found in 

the skin, and certain inspections 

revealed multiple cracks found in the 

drag fitting at fastener holes. AD 2020– 

21–17 requires repetitive inspections for 

skin cracking and shim migration at the 

upper link drag fittings, diagonal brace 

cracking, and fastener looseness; and 

applicable on-condition actions. The 

agency issued AD 2020–21–17 to 

address cracking in the wing upper skin 

and forward drag fittings, which could 

lead to a compromised upper link and 

reduced structural integrity of the 

engine strut. 

Actions Since AD 2020–21–17 Was 

Issued 

Since the FAA issued AD 2020–21– 

17, a determination has been made that 

the compliance times for group 3 and 4 

airplanes are not adequate. An operator 

reported that during performance of the 

inspections required by AD 2020–21– 

17, the wing upper skin panel was 

found cracked at hole #2. The airplane 

had 19,432 total flight cycles and was a 

group 3 airplane (Model 757–200 

airplane with Rolls-Royce engines and 

non-cold worked skin). Therefore, 

because of similar airplane 


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