[Federal Register Volume 86, Number 219 (Wednesday, November 17, 2021)]
[Proposed Rules]
[Pages 64089-64092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24269]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1022; Project Identifier AD-2020-01101-T]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (SNPRM).

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SUMMARY: The FAA is revising a notice of proposed rulemaking (NPRM) 
that would have applied to certain The Boeing Company Model 757-200, -
200CB, and -300 series airplanes. This action revises the NPRM by 
including additional airplanes that are also subject to the identified 
unsafe condition. Since this change would impose an additional burden 
over that in the NPRM, the FAA is requesting comments on this SNPRM.

DATES: The FAA must receive comments on this SNPRM 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:
     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 SNPRM, contact Boeing 
Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 
2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; phone: 
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 on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
1022.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2020-1022; 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 SNPRM, any 
comments received, and other information. The street address for Docket 
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Tony Koung, Aerospace Engineer, Cabin 
Safety and Environmental Systems Section, FAA, Seattle ACO Branch, 2200 
South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3985; 
email: [email protected].

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-2020-1022; Project Identifier 
AD-2020-01101-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 again 
revise 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 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 SNPRM 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 SNPRM, 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 SNPRM. Submissions containing CBI should 
be sent to Tony Koung, Aerospace Engineer, Cabin Safety and 
Environmental Systems Section, FAA, Seattle ACO Branch, 2200 South 
216th St., Des Moines, WA 98198; phone and fax: 206-231-3985; 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

    The FAA issued an NPRM to amend 14 CFR part 39 by adding an AD that 
would apply to The Boeing Company Model 757-200, -200CB, and -300 
series airplanes. The NPRM published in the Federal Register on 
December 30, 2020 (85 FR 86515). The NPRM was prompted by a report 
indicating that the passenger service units (PSUs) and life vest panels 
became separated from their attachments during several survivable 
accident sequences. In the NPRM, the FAA proposed to require installing 
lanyard assemblies on the PSUs, and, for certain airplanes, on the life 
vest panels and video panels as applicable.

Comments

    The FAA received a comment from one individual who supported the 
NPRM without change.
    The FAA received additional comments from four commenters, 
including Boeing, ST Engineering Aerospace, American Airlines, and 
Delta Air Lines. The following presents the comments received on the 
NPRM and the FAA's response to each comment.

Request To Add Revised Service Information

    Boeing asked that Boeing Special Attention Requirements Bulletin 
757-25-0315 RB, Revision 2, dated March 17, 2021, be added to the 
proposed AD (Revision 1, dated May 20, 2020, was referred to for 
accomplishing the actions in the NPRM). Boeing stated that Revision 2 
includes airplanes having variable number NB451 and four other 
airplanes that have been determined to

[[Page 64090]]

be non-Boeing passenger converted freighters with passenger/combi 
capability after conversion.
    The FAA agrees with the commenter for the reason provided. Since 
the FAA issued the NPRM, Boeing issued Boeing Special Attention 
Requirements Bulletin 757-25-0315 RB, Revision 2, dated March 17, 2021. 
This revised service information added airplanes to the effectivity and 
regrouped the airplanes by moving certain airplanes to new Groups 6 and 
7. The FAA has revised this proposed AD to refer to Revision 2 of the 
service information as the required service information and to give 
credit for airplanes identified in Boeing Special Attention 
Requirements Bulletin 757-25-0315 RB, Revision 1, dated May 20, 2020, 
on which the applicable actions have been done.

Request To Revise Discussion Section

    Boeing asked that the FAA revise the Discussion section of the NPRM 
by deleting the statement ``In addition, there is no secondary means of 
retention (lanyards) for the PSU to the airplane structure.'' Boeing 
stated that this is to maintain consistency with similar rulemaking for 
the PSU lanyards on Model 737 classic airplanes (Model 737-100, -200, -
200C, -300, -400, and -500 series airplanes), and added that no similar 
statement exists in those ADs.
    The FAA partially agrees with the commenter's assertions. There is 
no secondary means of retention (lanyards) for the PSU to the 
production airplane installation. Statements referring to a secondary 
means of PSU retention may be confusing because the production airplane 
installation does not include a secondary means of retention. Although 
the quoted statement does appear in other rulemaking (specifically, AD 
2020-17-04, Amendment 39-21209 (85 FR 52268, August 25, 2020)), that 
statement is not retained in this SNPRM.

Request To Remove an Exception

    Boeing asked that the FAA remove the exception specified in 
paragraph (h)(2) of the proposed AD (in the NPRM). Boeing stated that 
Revision 2 of the service information includes airplanes having 
variable number NB451 and four other airplanes that have been 
determined to be non-Boeing passenger converted freighters with 
passenger/combi capability after conversion. Therefore, the exception 
identified in paragraph (h)(2) of the proposed AD is not necessary.
    The FAA agrees with the commenter for the reasons provided. The FAA 
has removed the exception specified in paragraph (h)(2) of the proposed 
AD (in the NPRM) accordingly.

Request To Exclude Certain Airplanes From Applicability

    VT Mobile Aerospace Engineering (VT MAE) asked that Model 757-200 
airplanes modified per VT MAE supplemental type certificates (STCs) 
ST03952AT and ST04242AT be exempt from compliance with the proposed AD 
requirements specified in Boeing Special Attention Requirements 
Bulletin 757-25-0315 RB, Revision 2, dated March 17, 2021. VT MAE 
stated that the passenger compartment is completely removed, including 
the PSUs and life vest panel, per drawing 1180120--Payloads Bulk 
deletions modification, as specified in the STCs.
    The FAA agrees with the commenter's request for the reason 
provided. The FAA has added a new paragraph (h)(2) to this proposed AD 
to include this exception.

Clarification for PSU Installation

    American Airlines (AAL) suggested that the NPRM provide 
clarification that the installation of the nylon coated cables is the 
compliance action required, since the PSU retention design and 
installation procedures determine the PSU drop height. AAL stated that 
Boeing Special Attention Requirements Bulletin 757-25-0315 RB, Revision 
1, dated May 20, 2020, Tables 1 and 4 of paragraph 1.E., Compliance, in 
the ``Action'' column specify to ``[i]nstall additional nylon coated 
stainless steel lanyards on each Passenger Service Unit (PSU) panel, 
such that in the event of a survivable accident, any detached PSU panel 
does not extend lower than Body Water Line (BWL) 265.7.'' AAL added 
that the cables being installed are not adjustable, the physical 
installation of the cables does not adjust PSU drop height, and the 
``Procedures'' section does not specify a height check of a dropped 
PSU. AAL concluded that the PSU drop height is defined by the 
installation design and is not adjustable. Delta Air Lines Inc. (Delta) 
asked that a new paragraph (h)(6) be added to the proposed AD to allow 
operators to deviate from the actions identified in Figure 1 of Boeing 
Special Attention Requirements Bulletin 757-25-0315 RB. Delta stated 
that the actions identified in the tables within Paragraph 3. 
``Compliance'' and within Paragraph 5.(B) ``Work Instructions--Actions 
Required for Compliance'' include the following: ``Install additional 
nylon coated stainless steel lanyards on each Passenger Service Unit 
(PSU) panel, such that in the event of a survivable accident, any 
detached PSU panel does not extend lower than Body Water Line (BWL) 
265.7.''
    The FAA provides the following clarification. The PSU panel would 
not fall below BWL 265.7 due to the airplane design, which does not 
allow it; a PSU panel that detached and fell below BWL 265.7 would 
cause injury to passengers. Operators can use the top of the floor 
panel as a reference to this fact. For Model 757 airplanes, the 
original Boeing design BWL is 208.6 per the airplane flight manual, and 
the PSU lanyard is pre-assembled. Therefore, the FAA has not changed 
this proposed AD in this regard.

Request To Link Certain Part Numbers

    Delta asked that the FAA add a new paragraph (h)(3) to the proposed 
AD stating ``Passenger Service Units reidentified to P/N 417N3011-5000 
series following accomplishment of Boeing Special Attention 
Requirements Bulletin 757-25-0315 RB, Revision 1, dated May 20, 2020, 
must also comply with AD 2007-07-02 [Amendment 39-15002 (72 FR 14400, 
March 28, 2007) (AD 2007-07-02)], except the new 417N3011-5000 series 
part number will supersede the 1000 dash number reidentification 
requirement of AD 2007-07-02.'' Delta stated that the -5XXX dash number 
needs further guidance between AD 2007-07-02 and the proposed AD (in 
the NPRM).
    The FAA agrees that there is connection between the -1000 and -5000 
series part numbers; however, the FAA does not agree that it is 
necessary to add a new paragraph (h)(3) to this proposed AD to include 
this as an exception. The required actions in each AD are clear and 
must be complied with as required; these ADs do not need to be linked 
to effectively accomplish the actions. The FAA has not changed this 
proposed AD in this regard.

Request To Add New Exception for Installing Lanyard Assemblies

    Delta asked that the proposed AD be updated to add a new paragraph 
(h)(4) to the exceptions allowing operators to deviate from Figure 1 of 
Boeing Special Attention Requirements Bulletin 757-25-0315 RB, Revision 
1, dated May 20, 2020, and use Boeing Service Bulletin 737-25-1707, 
Revision 1, dated May 18, 2018, to install lanyard assemblies to the 
PSU panel. Delta stated that Model 737 airplanes specified in Boeing 
Service Bulletin 737-25-1707 share some part numbers in common for 
post-service bulletin PSUs specified in Boeing Special Attention 
Requirements Bulletin 757-25-0315 RB.
    The FAA does not agree with the commenter's request. Referring to a

[[Page 64091]]

different service bulletin that applies to a different airplane model 
could introduce problems in identifying the applicable information. 
Boeing has a specific service bulletin for each model referred to in an 
AD, and in some cases, for each minor model. Internal references in the 
service bulletin might not be appropriate for a different model (e.g., 
the AMM or SRM reference for Model 757 airplanes might have a different 
number than that of Model 737 airplanes.) Under the provisions of 
paragraph (k) of this AD, the FAA will consider requests for approval 
of a deviation to the referenced service information if sufficient data 
are submitted to substantiate that the deviation would provide an 
acceptable level of safety. This proposed AD has not been changed in 
this regard.

Request To Add Exception for Certain Upgrades

    Delta asked that a new paragraph (h)(5) be added to the proposed AD 
to allow for cosmetic changes made to Model 757 PSUs under the 
authority of 14 CFR part 121 (Owner/operator) and 14 CFR part 21 (STC) 
after compliance with AD 2007-07-02. Delta stated that other operators 
are also likely to have made similar cosmetic upgrades to PSUs in order 
to match the units to newer interior color schemes and furnishings. 
Delta added that this is also referenced in the language used in 
paragraph (l)(2)(ii) of AD 2012-11-09R1, Amendment 39-18221 (80 FR 
44259, July 27, 2015).
    The FAA does not agree with the commenter's request. The FAA does 
not need to approve minor cosmetic changes, such as interior color 
schemes, unless a flammability test is required. But further 
clarification is necessary regarding what type of cosmetic upgrades and 
modifications have been done and their affects on AD compliance. Under 
the provisions of paragraph (k) of this proposed AD, the FAA will 
consider requests for approval of an alternative method of compliance 
if sufficient data are submitted to substantiate that the upgrade or 
modification would provide an acceptable level of safety. This proposed 
AD has not been changed in this regard.

FAA's Determination

    The FAA is proposing this AD after determining the unsafe condition 
described previously is likely to exist or develop in other products of 
the same type design. Certain changes described above expand the scope 
of the NPRM. As a result, it is necessary to reopen the comment period 
to provide additional opportunity for the public to comment on this 
SNPRM.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Special Attention Requirements Bulletin 
757-25-0315 RB, Revision 2, dated March 17, 2021. This service 
information specifies procedures for installing lanyard assemblies on 
the PSUs, life vest panels, and video panels as applicable. 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 SNPRM

    This proposed AD would require accomplishing the actions specified 
in the service information already described. 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-2020-1022.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 367 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
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                                                                                                  Cost on U.S.
             Action                    Labor cost            Parts cost      Cost per product      operators
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Install Lanyard Assemblies.....  Up to 75 work-hours x   Up to $45,750....  Up to $52,125....  Up to
                                  $85 per hour = Up to                                          $19,129,875.
                                  $6,375.
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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

    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.

[[Page 64092]]

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-2020-1022; Project Identifier AD-
2020-01101-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by January 3, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 757-200, -200CB, and 
-300 series airplanes, certificated in any category, as identified 
in Boeing Special Attention Requirements Bulletin 757-25-0315 RB, 
Revision 2, dated March 17, 2021.

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
furnishings.

(e) Unsafe Condition

    This AD was prompted by a report indicating the passenger 
service units (PSUs) and life vest panels became separated from 
their attachments during several survivable accident sequences. The 
FAA is issuing this AD to address the PSUs, life vest panels, and 
video panels becoming detached and falling into the cabin, which 
could lead to passenger injuries and impede egress during an 
evacuation.

(f) Compliance

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

(g) Required Actions

    Except as specified by paragraph (h) of this AD: At the 
applicable times specified in the ``Compliance'' paragraph of Boeing 
Special Attention Requirements Bulletin 757-25-0315 RB, Revision 2, 
dated March 17, 2021, do all applicable actions identified in, and 
in accordance with, the Accomplishment Instructions of Boeing 
Special Attention Requirements Bulletin 757-25-0315 RB, Revision 2, 
dated March 17, 2021.
    Note 1 to paragraph (g): Guidance for accomplishing the actions 
required by this AD can be found in Boeing Special Attention Service 
Bulletin 757-25-0315, Revision 2, dated March 17, 2021, which is 
referred to in Boeing Special Attention Requirements Bulletin 757-
25-0315 RB, Revision 2, dated March 17, 2021.

(h) Exceptions to Service Information Specifications

    (1) Where Boeing Special Attention Requirements Bulletin 757-25-
0315 RB, Revision 2, dated March 17, 2021, uses the phrase ``the 
Revision 2 date of Requirements Bulletin 757-25-0315 RB,'' this AD 
requires using ``the effective date of this AD.''
    (2) The lanyard installation specified in paragraph (g) of this 
AD is not required on Model 757-200 airplanes modified per VT Mobile 
Aerospace Engineering (VT MAE) supplemental type certificates (STCs) 
ST03952AT and ST04242AT.

(i) Credit for Previous Actions

    For airplanes identified in Boeing Special Attention 
Requirements Bulletin 757-25-0315 RB, Revision 1, dated May 20, 
2020: This paragraph provides credit for the actions specified in 
paragraph (g) of this AD, if those actions were performed before the 
effective date of this AD using Boeing Special Attention 
Requirements Bulletin 757-25-0315 RB, Revision 1, dated May 20, 
2020.

(j) Parts Installation Limitation

    As of the applicable time specified in paragraph (j)(1) or (2) 
of this AD, no person may install on any airplane any PSU, life vest 
panel, or video panel without an updated lanyard assembly installed.
    (1) For airplanes that have PSUs, life vest panels, or video 
panels without the updated lanyard assemblies installed as of the 
effective date of this AD: After modification of the airplane as 
required by paragraph (g) of this AD.
    (2) For airplanes that do not have PSUs, life vest panels, or 
video panels without the updated lanyard assemblies installed as of 
the effective date of this AD: As of the effective date of this AD.

(k) 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 local Flight Standards District 
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 (l)(1) of this AD. Information may be 
emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district 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.

(l) Related Information

    (1) For more information about this AD, contact Tony Koung, 
Aerospace Engineer, Cabin Safety and Environmental Systems Section, 
FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; 
phone and fax: 206-231-3985; email: [email protected].
    (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; phone: 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 October 25, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-24269 Filed 11-16-21; 8:45 am]
BILLING CODE 4910-13-P


