[Federal Register Volume 86, Number 132 (Wednesday, July 14, 2021)]
[Rules and Regulations]
[Pages 37019-37022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15026]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0566; Project Identifier MCAI-2021-00733-T; 
Amendment 39-21651; AD 2021-15-04]
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 767-300 series airplanes as modified 
by a certain supplemental type certificate (STC). This AD was prompted 
by a report that the electrical diagram for the C9066 circuit breaker 
connection (wiring) for the ``Main Deck Oxygen Alert Control'' is 
erroneous and might have resulted in incorrect installation. This AD 
requires inspecting the wiring connection common to the C9066 circuit 
breaker and, if necessary, making changes to the wiring connection and 
testing the main deck oxygen alert system. The FAA is issuing this AD 
to address the unsafe condition on these products.

DATES: This AD becomes effective July 14, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 14, 
2021.
    The FAA must receive comments on this AD by August 30, 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 final rule, contact 
Israel Aerospace Industries, Ltd., Ben Gurion Airport, Israel 70100; 
telephone 972-39359826; email tmazor@iai.co.il. 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 on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0566.

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-
0566; or in person at the Docket Operations office between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this AD, any comments received, and other information. The 
street address for the Docket Operations office is listed above.

FOR FURTHER INFORMATION CONTACT: Brian Hernandez, Aerospace Engineer, 
Systems and Equipment Section, FAA, Seattle ACO Branch, 2200 South 
216th St., Des Moines, WA 98198; phone and fax: 206-231-3535; email: 
Brian.Hernandez@faa.gov.

SUPPLEMENTARY INFORMATION:

Background

    The Civil Aviation Authority of Israel (CAAI), which is the 
aviation authority for Israel, has issued Israeli AD ISR-I-24-2021-6-
6R1, dated June 27, 2021 (also referred to after this as the Mandatory 
Continuing Airworthiness Information, or the MCAI), to correct an 
unsafe condition for The Boeing Company Model 767-300 series airplanes, 
that have been modified to a Bedek Division Special Freighter (BDSF), 
designated as 767-300BDSF, in accordance with CAAI STC SA218/FAA STC 
ST02040SE/European Union Aviation Safety Agency (EASA) STC 10028430 (as 
listed in the appendix of the MCAI). Only FAA STC ST02040SE is approved 
for U.S. operators. You may examine the MCAI on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0566.
    This AD was prompted by a report that the electrical diagram for 
the C9066 circuit breaker connection (wiring) for the ``Main Deck 
Oxygen Alert Control'' is erroneous and might have resulted in

[[Page 37020]]

incorrect installation. This incorrect installation leads to an 
unprotected circuit, and therefore any wires or system components that 
might lie adjacent to the wiring that would normally be protected by 
the C9066 circuit breaker might be affected. The FAA is issuing this AD 
to address potential incorrect installation of the ``Main Deck Oxygen 
Alert Control'' circuit breaker, which could result in overheating and 
burning of the wiring, and consequently, could result in smoke 
triggering an alarm and causing the crew workload to increase; or could 
result in a short circuit to adjacent wires causing malfunctions in 
other systems. See the MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

    Israel Aerospace Industries, Ltd., has issued IAI-Aviation Group 
Alert Service Bulletin 368-24-098, Revision 1, dated June 2021. This 
service information describes procedures for a visual inspection of the 
wiring connection common to the C9066 circuit breaker, changes to the 
wiring connection, if necessary, and a test of the main deck oxygen 
alert system, if necessary. 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 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 the State of Design Authority, 
the FAA has been notified of the unsafe condition described in the MCAI 
and service information referenced above. The FAA is issuing this AD 
because the FAA evaluated all pertinent information and determined the 
unsafe condition exists and is likely to exist or develop on other 
products of the same type design.

Requirements of This AD

    This AD requires accomplishing the actions specified in the service 
information described previously.

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.
    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies forgoing notice and comment prior to adoption of this rule 
because incorrect installation of the ``Main Deck Oxygen Alert 
Control'' circuit breaker could result in overheating and burning of 
wiring, and consequently, could result in smoke triggering an alarm and 
causing the crew workload to increase; or could result in a short 
circuit to adjacent wires causing malfunctions in other systems. 
Furthermore, since this is a potentially unprotected circuit, if any 
failure occurs along the length of this circuit it could result in a 
fire and cause collateral damage to adjacent circuits and affect 
critical systems necessary for continued safe flight and landing. 
Accordingly, notice and opportunity for prior public comment are 
impracticable and contrary to the public interest pursuant to 5 U.S.C. 
553(b)(3)(B). In addition, 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, for the same reasons the FAA found good cause to forgo 
notice and comment.

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2021-0566; Project Identifier MCAI-
2021-00733-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 Brian 
Hernandez, Aerospace Engineer, Systems and Equipment Section, FAA, 
Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; phone 
and fax: 206-231-3535; email: Brian.Hernandez@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.

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

    The FAA estimates that this AD affects 71 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

[[Page 37021]]



                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspection............................  1 work-hour x $85 per                 $0             $85          $6,035
                                         hour = $85.
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    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of the 
inspection. The FAA has no way of determining the number of aircraft 
that might need these actions:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Wiring change and test........................  1 work-hour x $85 per hour = $85              $0             $85
----------------------------------------------------------------------------------------------------------------

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 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.

Adoption of 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:

2021-15-04 The Boeing Company: Amendment 39-21651; Docket No. FAA-
2021-0566; Project Identifier MCAI-2021-00733-T.

(a) Effective Date

    This airworthiness directive (AD) becomes effective July 14, 
2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 767-300 series 
airplanes, certificated in any category, that have been modified to 
a Bedek Division Special Freighter (BDSF), in accordance with FAA 
Supplemental Type Certificate (STC) ST02040SE (the freighter 
configuration is designated as 767-300BDSF), and which are listed in 
paragraph 1.A., ``Effectivity,'' of IAI-Aviation Group Alert Service 
Bulletin 368-24-098, Revision 1, dated June 2021.

(d) Subject

    Air Transport Association (ATA) of America Code 24, Electrical 
Power.

(e) Reason

    This AD was prompted by a report that the electrical diagram for 
the C9066 circuit breaker connection (wiring) for the ``Main Deck 
Oxygen Alert Control'' is erroneous and might have resulted in 
incorrect installation. The FAA is issuing this AD to address 
potential incorrect installation of the ``Main Deck Oxygen Alert 
Control'' circuit breaker, which could result in overheating and 
burning of the wiring, and consequently, could result in smoke 
triggering an alarm and causing the crew workload to increase; or 
could result in a short circuit to adjacent wires causing 
malfunctions in other systems. Furthermore, since this is a 
potentially unprotected circuit, if any failure occurs along the 
length of this circuit it could result in a fire and cause 
collateral damage to adjacent circuits and affect critical systems 
necessary for continued safe flight and landing.

(f) Compliance

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

(g) Inspection, Wiring Connection Change, and Test

    Within 10 days after the effective date of this AD, perform a 
detailed inspection of the wiring connection common to the C9066 
circuit breaker to make sure 20 AWG wire is connected to terminal 1 
and the BUS is connected to terminal 2, in accordance with steps 1. 
through 3. of the Accomplishment Instructions of IAI-Aviation Group 
Alert Service Bulletin 368-24-098, Revision 1, dated June 2021. If 
20 AWG wire is not connected to terminal 1 or the BUS is not 
connected to terminal 2, before further flight, make changes to the 
wiring connection and test the main deck oxygen alert system, in 
accordance with steps 4. through 13. of the Accomplishment 
Instructions of IAI-Aviation Group Alert Service Bulletin 368-24-
098, Revision 1, dated June 2021.

(h) No Report

    Although IAI-Aviation Group Alert Service Bulletin 368-24-098, 
Revision 1, dated June 2021, specifies to report inspection 
findings, this AD does not require any report.

(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

[[Page 37022]]

information directly to the manager of the certification office, 
send it to the attention of the person identified in Related 
Information. Information may be emailed to: 9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the responsible Flight Standards Office.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Civil Aviation Authority of Israel (CAAI) Israeli AD ISR-I-
24-2021-6-6R1, dated June 27, 2021, for related information. This 
MCAI may be found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2021-0566.
    (2) For more information about this AD, contact Brian Hernandez, 
Aerospace Engineer, Systems and Equipment Section, FAA, Seattle ACO 
Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 
206-231-3535; email: Brian.Hernandez@faa.gov.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) 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) IAI-Aviation Group Alert Service Bulletin 368-24-098, 
Revision 1, dated June 2021.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact 
Israel Aerospace Industries, Ltd., Ben Gurion Airport, Israel 70100; 
telephone 972-39359826; email tmazor@iai.co.il.
    (4) 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.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email fedreg.legal@nara.gov, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on July 8, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-15026 Filed 7-12-21; 11:15 am]
BILLING CODE 4910-13-P


