[Federal Register Volume 87, Number 79 (Monday, April 25, 2022)]
[Proposed Rules]
[Pages 24276-24278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08658]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

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.

========================================================================


Federal Register / Vol. 87, No. 79 / Monday, April 25, 2022 / 
Proposed Rules

[[Page 24276]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0458; Project Identifier AD-2021-00633-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 adopt a new airworthiness directive (AD) 
for all The Boeing Company Model 767 airplanes. This proposed AD was 
prompted by reports of inoperative manual and alternate horizontal 
stabilizer trim switches. This proposed AD would require repetitive 
inspections for immersion of each limit switch and position transmitter 
module (LSPTM) and of the LSPTM electrical wiring, repetitive 
inspections for blockage of the drain holes and cleaning of each drain 
hole, repetitive inspections for loose or cracked leveling compound, 
and applicable on-condition actions. For certain airplanes, this 
proposed AD would also require installing two new drain holes, 
performing repetitive inspections for blockage of the drain holes and 
cleaning each drain hole, and applicable on-condition actions. 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 June 9, 
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.
    For service information identified in this NPRM, contact Boeing 
Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 
2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; 
telephone 562-797-1717; internet https://www.myboeingfleet.com. You may 
view this referenced service information at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th St., Des 
Moines, WA. For information on the availability of this material at the 
FAA, call 206-231-3195. It is also available at https://www.regulations.gov by searching for and locating Docket No. FAA-2022-
0458.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0458; 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: Hassan Ibrahim, Aerospace Engineer, 
Systems and Equipment Section, FAA, Seattle ACO Branch, 2200 South 
216th St., Des Moines, WA 98198; phone and fax: 206-231-3653; email: 
<a href="/cdn-cgi/l/email-protection#9df5fceeeefcf3b3f0b3f4ffeffcf5f4f0ddfbfcfcb3faf2eb"><span class="__cf_email__" data-cfemail="3159504242505f1f5c1f5853435059585c715750501f565e47">[email protected]</span></a>.

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-2022-0458; Project Identifier 
AD-2021-00633-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to 
Hassan Ibrahim, Aerospace Engineer, Systems and Equipment Section, FAA, 
Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; phone 
and fax: 206-231-3653; email: <a href="/cdn-cgi/l/email-protection#a9c1c8dadac8c787c487c0cbdbc8c1c0c4e9cfc8c887cec6df"><span class="__cf_email__" data-cfemail="7911180a0a1817571457101b0b18111014391f1818571e160f">[email protected]</span></a>. Any commentary 
that the FAA receives which is not specifically designated as CBI will 
be placed in the public docket for this rulemaking.

Background

    This proposed AD was prompted by reports of inoperative manual and 
alternate horizontal stabilizer trim switches on the Boeing Model 767. 
An investigation found that drain holes in the area aft of body station 
(STA) 1725.5 were blocked and caused water to accumulate and eventually 
submerge the three LSPTMs, which affected their function. Loose pieces 
of leveling compound in the area were found detached and blocking the 
drain holes. Collected water or ice could damage the LSPTMs and cause 
stabilizer trim position sensors to generate corrupt or erroneous 
signals to the flight crew. This condition, if not addressed, could

[[Page 24277]]

result in misleading or confusing flight deck indications, a high speed 
overrun during takeoff, or a low altitude stall immediately after 
takeoff.

FAA's Determination

    The FAA is issuing this NPRM after determining that the unsafe 
condition described previously is likely to exist or develop on other 
products of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Requirements Bulletin 767-27A0240 RB, 
dated January 19, 2021, which specifies procedures for repetitive 
general visual inspections (GVIs) for immersion in water or ice of each 
LSPTM and of the LSPTM electrical wiring, repetitive GVIs for blockage 
of the three drain holes and cleaning of each drain hole, repetitive 
GVIs for loose or cracked leveling compound, and applicable on-
condition actions. On-condition actions include removing any water or 
ice, doing a detailed inspection for damage (corrosion or water damage) 
of any immersed LSPTM or LSPTM electrical wiring, installing a 
serviceable LSPTM, repairing or replacing any damaged LSPTM electrical 
wiring, clearing any drain hole blockages, and repairing any loose or 
cracked leveling compound.
    The FAA also reviewed Boeing Alert Requirements Bulletin 767-
27A0243 RB, dated May 28, 2021. This service information specifies 
procedures for installing two new drain holes, performing repetitive 
GVIs for blockage of the five drain holes and cleaning each drain hole, 
and applicable on-condition actions. On-condition actions include 
clearing any drain hole blockages.
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in ADDRESSES.

Proposed AD Requirements in This NPRM

    This proposed AD would require, for Model 767-200, -300, -300F, and 
-400ER airplanes, accomplishing the actions specified in the service 
information already described. For the airplanes identified in Boeing 
Alert Requirements Bulletin 767-27A0243 RB, dated May 28, 2021, this 
proposed AD would require the concurrent accomplishment of the actions 
in Boeing Alert Requirements Bulletin 767-27A0240 RB, dated January 19, 
2021. For Model 767-2C airplanes, this proposed AD would require 
inspections and applicable on-condition actions accomplished in 
accordance with a method approved by the Manager, Seattle ACO Branch, 
FAA. For information on the procedures and compliance times, see this 
service information at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2022-0458.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 613 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Drill drain holes................  5 work-hours x $85           $2,770  $3,195.............  Up to $1,958,535.
                                    per hour = $425.
Repetitive GVI and cleaning of 5   2 work-hours x $85                0  170 per inspection   Up to $104,210 per
 drain holes.                       per hour = $170                      cycle.               inspection cycle.
                                    per inspection
                                    cycle.
Repetitive GVI of LSPTM..........  1 work-hour x $85                 0  85 per inspection    52,105 per
                                    per hour = $85 per                   cycle.               inspection cycle.
                                    inspection cycle.
Repetitive GVI of LSPTM            1 work-hour x $85                 0  85 per inspection    52,105 per
 electrical wiring.                 per hour = $85 per                   cycle.               inspection cycle.
                                    inspection cycle.
Repetitive GVI and cleaning of 3   1 work-hour x $85                 0  85 per inspection    52,105 per
 drain holes.                       per hour = $85 per                   cycle.               inspection cycle.
                                    inspection cycle.
Repetitive GVI of leveling         1 work-hour x $85                 0  85 per inspection    52,105 per
 compound.                          per hour = $85 per                   cycle.               inspection cycle.
                                    inspection cycle.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary 
inspections that would be required based on the results of the proposed 
inspection. The agency has no way of determining the number of aircraft 
that might need these inspections:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Detailed inspection of LSPTM or LSPTM           1 work-hour x $85 per hour = $85              $0             $85
 electrical wiring.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost 
estimates for the other on-condition actions specified in this proposed 
AD.

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

[[Page 24278]]

develop on products identified in this rulemaking action.

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

The Boeing Company: Docket No. FAA-2022-0458; Project Identifier AD-
2021-00633-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by June 9, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 767-200, -300, -
300F, -400ER, and -2C series airplanes, certificated in any 
category.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
controls;

(e) Unsafe Condition

    This AD was prompted by reports of inoperative manual and 
alternate horizontal stabilizer trim switches; an investigation 
found that certain drain holes were blocked, causing water and ice 
to collect and subsequently cover the limit switch and position 
transmitter modules (LSPTMs), which affected their function. The FAA 
is issuing this AD to address collected water or ice that could 
damage the LSPTMs and cause stabilizer trim position sensors to 
generate corrupt or erroneous signals to the flight crew. This 
condition, if not addressed, could result in misleading or confusing 
flight deck indications, a high speed overrun during takeoff, or a 
low altitude stall immediately after takeoff.

(f) Compliance

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

(g) Required Actions

    (1) For all Model 767-200, -300, -300F, and -400ER airplanes: 
Except as specified by paragraph (h) of this AD, at the applicable 
times specified in the ``Compliance'' paragraph of Boeing Alert 
Requirements Bulletin 767-27A0240 RB, dated January 19, 2021, do all 
applicable actions identified in, and in accordance with, the 
Accomplishment Instructions of Boeing Alert Requirements Bulletin 
767-27A0240 RB, dated January 19, 2021.
    Note 1 to paragraph (g)(1): Guidance for accomplishing the 
actions required by this AD can be found in Boeing Alert Service 
Bulletin 767-27A0240, dated January 19, 2021, which is referred to 
in Boeing Alert Requirements Bulletin 767-27A0240 RB, dated January 
19, 2021.
    (2) For Model 767-200, -300, -300F, and -400ER airplanes, as 
identified in Boeing Alert Requirements Bulletin 767-27A0243, dated 
May 28, 2021: Except as specified by paragraph (h) of this AD, at 
the applicable times specified in the ``Compliance'' paragraph of 
Boeing Alert Requirements Bulletin 767-27A0243, dated May 28, 2021, 
do all applicable actions identified in, and in accordance with, the 
Accomplishment Instructions of Boeing Alert Requirements Bulletin 
767-27A0243, dated May 28, 2021. Accomplishing the installation of 
two new drain holes required by this paragraph terminates the 
repetitive inspections of the drain holes required by paragraph 
(g)(1) of this AD.
    Note 2 to paragraph (g)(2): Guidance for accomplishing the 
actions required by this AD can be found in Boeing Alert Service 
Bulletin 767-27A0243, dated May 28, 2021, which is referred to in 
Boeing Alert Requirements Bulletin 767-27A0243, dated May 28, 2021.
    (3) For Model 767-2C airplanes: Within 90 days after the 
effective date of this AD, inspect the LSPTMs, LSPTM electrical 
wiring, drain holes, and leveling compound; install two new drain 
holes as applicable; and do applicable on-condition actions in 
accordance with a method approved by the Manager, Seattle ACO 
Branch, FAA.

(h) Exceptions to Service Information Specifications

    (1) Where Boeing Alert Requirements Bulletin 767-27A0243 RB, 
dated May 28, 2021, uses the phrase ``the original issue date of the 
Requirements Bulletin 767-27A0243 RB,'' this AD requires using ``the 
effective date of this AD.''
    (2) Where Boeing Alert Requirements Bulletin 767-27A0240 RB, 
dated January 19, 2021, uses the phrase ``the original issue date of 
the Requirements Bulletin 767-27A0240 RB,'' this AD requires using 
``the effective date of this AD.''
    (3) Where Boeing Alert Requirements Bulletin 767-27A0243 RB, 
dated May 28, 2021, specifies a compliance time for Action 1, for 
this AD do Action 1 as specified in paragraph (g)(1) of this AD.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO Branch, FAA, has the authority to 
approve AMOCs for this AD, if requested using the procedures found 
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request 
to your principal inspector or responsible Flight Standards Office, 
as appropriate. If sending information directly to the manager of 
the certification office, send it to the attention of the person 
identified in paragraph (j)(1) of this AD. Information may be 
emailed to: <a href="/cdn-cgi/l/email-protection#b0899df1fefd9de3d5d1c4c4dcd59df1f3ff9df1fdfff39de2d5c1c5d5c3c4c3f0d6d1d19ed7dfc6"><span class="__cf_email__" data-cfemail="ba8397fbf4f797e9dfdbceced6df97fbf9f597fbf7f5f997e8dfcbcfdfc9cec9fadcdbdb94ddd5cc">[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

    (1) For more information about this AD, contact Hassan Ibrahim, 
Aerospace Engineer, Systems and Equipment Section, FAA, Seattle ACO 
Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 
206-231-3653; email: <a href="/cdn-cgi/l/email-protection#6f070e1c1c0e01410241060d1d0e0706022f090e0e41080019"><span class="__cf_email__" data-cfemail="e58d849696848bcb88cb8c8797848d8c88a5838484cb828a93">[email protected]</span></a>.
    (2) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Contractual & Data Services 
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone 562-797-1717; internet https://www.myboeingfleet.com. You may view this referenced service 
information at the FAA, Airworthiness Products Section, Operational 
Safety Branch, 2200 South 216th St., Des Moines, WA. For information 
on the availability of this material at the FAA, call 206-231-3195.

    Issued on April 7, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-08658 Filed 4-22-22; 8:45 am]
BILLING CODE 4910-13-P


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