Airworthiness Directives; The Boeing Company Airplanes

[Federal Register Volume 86, Number 221 (Friday, November 19, 2021)]
[Rules and Regulations]
[Pages 64807-64810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25200]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0880; Project Identifier MCAI-2021-00685-T; 
Amendment 39-21779; AD 2021-22-06]
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 
certain The Boeing Company Model 747-400F series airplanes. This AD was 
prompted by the determination that more restrictive tasks and 
limitations are necessary. This AD requires revising the existing 
maintenance or inspection program, as applicable, to incorporate more 
restrictive tasks and limitations, as specified in a European Union 
Aviation Safety Agency (EASA) AD, which is incorporated by reference. 
The FAA is issuing this AD to address the unsafe condition on these 
products.

DATES: This AD becomes effective December 6, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 6, 
2021.
    The FAA must receive comments on this AD by January 3, 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 material incorporated by reference (IBR) in this AD, contact 
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
8999 000; email [email protected]; internet www.easa.europa.eu. You 
may find this IBR material on the EASA website at https://ad.easa.europa.eu. You may view this material at the FAA, Airworthiness 
Products Section,

[[Page 64808]]

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 in the AD docket at https://www.regulations.gov under Docket No. FAA-2021-0880.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov under 
Docket No. FAA-2021-0880; 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, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
street address for Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Antariksh Shetty, 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 [email protected].

SUPPLEMENTARY INFORMATION:

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-2021-0880; Project Identifier MCAI-
2021-00685-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 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 
Antariksh Shetty, 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 [email protected]. Any commentary that the FAA receives which is not 
specifically designated as CBI will be placed in the public docket for 
this rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0138, dated June 9, 2021 (EASA 
AD 2021-0138) (also referred to as the MCAI), to correct an unsafe 
condition for certain The Boeing Company Model 747-400F series 
airplanes.
    This AD was prompted by the determination that more restrictive 
tasks and limitations are necessary.
    EASA approved supplemental type certificate (STC) 10068342, dated 
January 16, 2019, which installs a dual non-activated global navigation 
satellite system (GNSS) unit and antenna on The Boeing Company Model 
747-400F series airplanes. EASA STC 10068342 was validated by the FAA 
as STC ST04393NY, dated September 3, 2019. After EASA approved the 
original STC, Fokker Services published an updated Instructions for 
Continued Airworthiness (ICA) supplement that introduced more 
restrictive tasks. The STC was later amended and approved by EASA as 
STC 10068342, Revision 1, dated March 8, 2021, and validated by the FAA 
as STC ST04393NY, Revision 1, dated May 3, 2021. The amended STC 
incorporates the updated ICA supplement. As a result, operation of an 
affected airplane with the original STC but without the ICA supplement 
could result in cracks around the antenna/unit installation.
    The FAA is issuing this AD to address cracks around the antenna/
unit installation, which, if unchecked, could lead to rapid 
decompression of the airplane. See the MCAI for additional background 
information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0138 describes more restrictive tasks and limitations 
associated with the GNSS unit and antenna. This material is reasonably 
available because the interested parties have access to it through 
their normal course of business or by the means identified in the 
ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another 
country and is approved for operation in the United States. Pursuant to 
the FAA's bilateral agreement with this State of Design Authority, it 
has notified the FAA of the unsafe condition described in the MCAI 
described above. The FAA is issuing this AD after determining that the 
unsafe condition described previously is likely to exist or develop on 
other products of the same type designs.

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD 
2021-0138 described previously, except for any differences identified 
as exceptions in the regulatory text of this AD, and except as 
discussed under ``Differences Between this AD and the MCAI.''
    This AD requires revisions to certain operator maintenance 
documents to include new actions (e.g., inspections). Compliance with 
these actions is required by 14 CFR 91.403(c). For airplanes that have 
been previously modified, altered, or repaired in the areas addressed 
by this AD, the operator may not be able to accomplish the actions 
described in the revisions. In this situation, to comply with 14 CFR 
91.403(c), the operator must request approval for an alternative method 
of compliance according to paragraph (j)(1) of this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA developed a process to use some civil aviation 
authority (CAA) ADs as the primary source of information for compliance 
with requirements for corresponding FAA ADs. The FAA has been 
coordinating this process with manufacturers and CAAs. As a result, 
EASA AD 2021-0138 is incorporated by reference in this AD. This AD 
requires compliance with EASA AD 2021-0138 in its entirety through that 
incorporation, except for any differences identified as exceptions in 
the regulatory text of this AD. Using common terms that are the same as 
the

[[Page 64809]]

heading of a particular section in EASA AD 2021-0138 does not mean that 
operators need comply only with that section. For example, where the AD 
requirement refers to ``all required actions and compliance times,'' 
compliance with this AD requirement is not limited to the section 
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2021-
0138. Service information required by EASA AD 2021-0138 for compliance 
will be available at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2021-0880 after this AD is published.

Difference Between This AD and the MCAI

    Whereas EASA AD 2021-0138 applies to airplanes with EASA STC 
10068342 embodied, this AD applies to airplanes with U.S. STC ST04393NY 
embodied. As stated previously, EASA STC 10068342 has been validated by 
the FAA as STC ST04393NY.

Airworthiness Limitation ADs Using the New Process

    The FAA's process of incorporating by reference MCAI ADs as the 
primary source of information for compliance with corresponding FAA ADs 
has been limited to certain MCAI ADs (primarily those with service 
bulletins as the primary source of information for accomplishing the 
actions required by the FAA AD). However, the FAA is now expanding the 
process to include MCAI ADs that require a change to airworthiness 
limitation documents, such as airworthiness limitation sections.
    For these ADs that incorporate by reference an MCAI AD that changes 
airworthiness limitations, the FAA requirements are unchanged. 
Operators must revise the existing maintenance or inspection program, 
as applicable, to incorporate the information specified in the new 
airworthiness limitation document. The airworthiness limitations must 
be followed according to 14 CFR 91.403(c) and 91.409(e).
    The previous format of the airworthiness limitation ADs included a 
paragraph that specified that no alternative actions (e.g., 
inspections) and intervals may be used unless the actions and intervals 
are approved as an alternative method of compliance (AMOC) in 
accordance with the procedures specified in the AMOCs paragraph under 
``Additional AD Provisions.'' This new format includes a ``Provisions 
for Alternative Actions and Intervals'' paragraph that does not 
specifically refer to AMOCs, but operators may still request an AMOC to 
use an alternative action or interval.

FAA's Justification 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 domestic operators of these products. 
Accordingly, notice and opportunity for prior public comment are 
unnecessary, pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for the 
foregoing reason, 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.

Regulatory Flexibility Act (RFA)

    The requirements of the 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 may be imported and placed on the U.S. Register 
in the future, the FAA provides the following cost estimates to comply 
with this AD.
    The FAA has determined that revising the maintenance or inspection 
program takes an average of 90 work-hours per operator, although the 
FAA recognizes that this number may vary from operator to operator. 
Since operators incorporate maintenance or inspection program changes 
for their affected fleets, the FAA has determined that a per-operator 
estimate is more accurate than a per-airplane estimate. Therefore, the 
FAA estimates the total cost per operator to be $7,650 (90 work-hours x 
$85 per work-hour).

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: General requirements. 
Under that section, Congress charges the FAA with promoting safe flight 
of civil aircraft in air commerce by prescribing regulations for 
practices, methods, and procedures the Administrator finds necessary 
for safety in air commerce. This regulation is within the scope of that 
authority because it addresses an unsafe condition that is likely to 
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD will not have a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866, 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:

2021-22-06 The Boeing Company: Amendment 39-21779; Docket No. FAA-
2021-0880; Project Identifier MCAI-2021-00685-T.

(a) Effective Date

    This airworthiness directive (AD) is effective December 6, 2021.

[[Page 64810]]

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 747-400F series 
airplanes, certificated in any category, equipped with a dual non-
activated global navigation satellite system (GNSS) unit and antenna 
installed in accordance with supplemental type certificate (STC) 
ST04393NY, dated September 3, 2019.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Unsafe Condition

    This AD was prompted by the determination that more restrictive 
tasks and limitations are necessary. The FAA is issuing this AD to 
address cracks around the antenna/unit installation, which, if 
unchecked, could lead to rapid decompression of the aircraft.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, EASA AD 2021-0138, dated June 9, 2021.

(h) Exceptions to EASA AD 2021-0138

    (1) Where EASA AD 2021-0138 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The requirements specified in paragraphs (1) and (2) of EASA 
AD 2021-0138 do not apply to this AD.
    (3) Paragraph (3) of EASA AD 2021-0138 specifies revising ``the 
approved AMP'' within 12 months after its effective date, but this 
AD requires revising the existing maintenance or inspection program, 
as applicable, within 90 days after the effective date of this AD.
    (4) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA AD 2021-0138 is at the applicable 
``thresholds'' as incorporated by the requirements of paragraph (3) 
of EASA AD 2021-0138, or within 90 days after the effective date of 
this AD, whichever occurs later.
    (5) The provisions specified in paragraph (4) of EASA AD 2021-
0138 do not apply to this AD.
    (6) The ``Remarks'' section of EASA AD 2021-0138 does not apply 
to this AD.

(i) Provisions for Alternative Actions and Intervals

    After the existing maintenance or inspection program has been 
revised as required by paragraph (g) of this AD, no alternative 
actions (e.g., inspections) and intervals are allowed unless they 
are approved as specified in the provisions of the ``Ref. 
Publications'' section of EASA AD 2021-0138.

(j) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York 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 (k) of this AD. Information may be emailed to: ATTN: 
Program Manager, Continuing Operational Safety, FAA, New York ACO 
Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7300; fax 516-794-5531. Before using any approved 
AMOC, notify your appropriate principal inspector, or lacking a 
principal inspector, the manager of the responsible Flight Standards 
Office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, New York ACO 
Branch, FAA; or EASA; or Fokker Service's EASA Design Organization 
Approval (DOA). If approved by the DOA, the approval must include 
the DOA-authorized signature.

(k) Related Information

    For more information about this AD, contact Antariksh Shetty, 
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 [email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference 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 this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2021-0138, 
dated June 9, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0138, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; internet www.easa.europa.eu. You may find this 
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) You may view this material 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 material that is incorporated by reference 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, email 
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on October 13, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-25200 Filed 11-18-21; 8:45 am]
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